Applying for probate

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1. What is probate

Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die.

You should not make any financial plans or put property on the market until you’ve got probate.

This guide and the service are also available in Welsh (Cymraeg).

There are different probate rules in Scotland and probate rules in Northern Ireland.

How to get probate

You need to apply to get probate. Before applying, you must check:

  • that probate is needed
  • that you’re eligible to apply
  • whether there’s Inheritance Tax to pay

Check if probate is needed

Contact the financial organisations the person who died used (for example, their bank and mortgage company) to find out if you’ll need probate to get access to their assets. Every organisation has its own rules.

You may not need probate if the person who died:

  • only had savings
  • owned shares or money with others - this automatically passes to the surviving owners unless they’ve agreed otherwise
  • owned land or property as ‘joint tenants’ with others - this automatically passes to the surviving owners

Check if you can apply for probate

Only certain people can apply for probate. Who can apply depends on whether or not there’s a will.

If there’s a will, executors named in it can apply.

If there’s not a will, the closest living relative can apply.

Value the estate and work out Inheritance Tax

Before applying for probate, you must find out if you need to pay Inheritance Tax.

To do this, you need to estimate the value of the estate of the person who died. Even if there’s no tax to pay, you’ll need the value as part of your probate application.

Apply for probate

You can apply for probate online or by post after you’ve valued the estate.

Get help and advice

If you’ve not applied yet and have a question about applying for probate, contact the Courts and Tribunals Service Centre.

Courts and Tribunals Service Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Webchat
Email: contactprobate@justice.gov.uk

Stopping a probate application made by someone else

You can challenge an application for probate (‘enter a caveat’), before it’s granted. For example, if there’s a dispute about who can apply for probate or whether there’s a will.

2. If there’s a will

You can apply for probate if you’re named as an executor in either the will or an update to it (known as a ‘codicil’).

The person who died will normally have told you if you’re an executor.

You’ll only inherit assets (for example, money or property) if you’re also named as a beneficiary in the will.

Before you apply for probate, you need to estimate the value of the estate of the person who died. You’ll need this estimate when you apply.

Find the original will

You’ll need to send the original will with your probate application - you cannot use a photocopy. The probate registry will keep the will and it’ll become a public record.

The person who died should have told all the executors where to find the original will and any updates, for example:

Get help from Citizens Advice or a probate practitioner (such as a solicitor) if you cannot understand a will.

If there’s more than one will, send in the most recent one. Do not destroy any copies of earlier wills until you’ve received probate.

If the original will is lost, you may be able to apply for probate with form PA13.

If there’s more than one executor

If more than one person is named as an executor, you must all agree who makes the application for probate.

Up to 4 executors can be named on the application.

If only one executor is named on the application they’ll need to prove that they tried to contact all executors named in the will before they applied.

If you’re having problems finding the other executors, you can contact the Probate Call Centre.

Probate Call Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Email: contactprobate@justice.gov.uk

The Probate Call Centre cannot help with disagreements between executors. You’ll need to find another way to reach an agreement - this could mean getting legal advice.

If you do not want to be an executor

You can give up your right to apply for probate or appoint someone else to apply for you.

Keep the right to apply later

If more than one executor is named in the will, you can choose not to apply now but reserve the right to apply later. This is known as holding ‘power reserved’.

Tell the person who’s making the probate application that you’re holding power reserved. You need to do this in writing.

Give up your right to apply

Fill in form PA15 to give up your right to apply permanently. This is known as ‘renunciation’.

Appoint someone to apply on your behalf

You can appoint someone to apply for you if either:

  • you’re the only executor named in the will
  • there are other executors named in the will, but all of them are either holding ‘power reserved’ or have given up their right to apply permanently

Fill in form PA11 to appoint someone to apply for you.

Alternatively, you can appoint an attorney to apply for you using a signed enduring power of attorney (EPA) or a registered lasting power of attorney (LPA).

If an executor is unable to apply

Check who can apply for probate if an executor has died or is unable to apply because they have a mental health condition or impairment.

If the executor cannot apply because they have a mental health condition or impairment, you will need to get a medical professional, like a doctor, to fill in form PA14 before anyone applies.

Read the will to check whether:

  • the executor has a named substitute
  • the conditions have been met for the substitution to take place

The substitute can then apply along with any other executors.

If there’s no substitute but there are other executors who can apply, the other executors can apply straight away.

If there are no other executors and no substitute

Another ‘entitled’ person will need to apply. If the executor died, this is any beneficiary of the will who wants to apply.

If the executor has a mental health condition or impairment, one of the following can apply:

  • the executor’s court appointed deputy
  • someone with power of attorney for the executor, if there’s no deputy
  • a beneficiary of the will, if there’s no deputy or anyone with power of attorney

Get legal advice if you’re unsure who can apply.

3. If there is not a will

If the person did not leave a will, the most ‘entitled’ person can apply to become the administrator of the estate.

This is the closest living relative - normally the husband, wife or civil partner (including if you were separated) followed by any children 18 or over (including legally adopted children but not step-children).

Use the inheritance calculator to work out who the closest relative is if there’s no husband, wife, civil partner or children.

You cannot apply if you’re the partner of the person but were not their husband, wife or civil partner when they died.

Contact the Probate Call Centre if you need more help to work out who can administer the estate.

Probate Call Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Email: contactprobate@justice.gov.uk

The law decides who’ll inherit assets (for example, money or property) if there’s no will. Use the inheritance calculator to work out who’ll inherit.

Before you apply for probate, you need to estimate the value of the estate of the person who died. You’ll need this estimate when you apply.

If you do not want to apply

If you’re the most entitled person but you do not want to administer the estate, you can either appoint someone else to do it or permanently give up your right to administer the estate.

Appoint someone to administer the estate on your behalf

Fill in form PA12 to allow up to 4 people to have ‘power of attorney’. This means they can apply for probate on your behalf and administer the estate for you. You can still apply for probate yourself later if you want to take back power of attorney.

You can also appoint someone using a registered lasting power of attorney (LPA) or signed enduring power of attorney (EPA).

Give up your right to administer the estate

If the person who died has children and you’re their husband, wife or civil partner, fill in form PA16. After that:

  • if all of the children are aged 18 or over, at least one of them will need to apply to become the administrator
  • if some or all of the children are aged under 18, other people will need to apply - contact the Liverpool District Probate Registry to find out who will need to apply

In all other situations, speak to a probate practitioner (such as a solicitor) instead. Read guidance from Money Helper about using a probate practitioner.

4. Before you apply

Before applying for probate you’ll need to complete the following steps.

  1. Check that probate is needed and that you can apply.

  2. Estimate the estate’s value for Inheritance Tax. Even if there’s no tax to pay, you’ll need the value as part of your probate application.

  3. Find out whether you need to report the full details of the estate to HM Revenue and Customs (HMRC). If you do not have to send full details it is called an ‘excepted estate’.

  4. If you need to pay Inheritance Tax, start making payments. HMRC will send you a letter with a code you must use to apply for probate. You can apply for probate straight away if it’s an excepted estate.

Valuing an ‘excepted estate’ for probate

You’ll need to report estimates of the estate’s value as part of your probate application.

Use the online Inheritance Tax (IHT) checker to estimate the estate’s value. This will give you 3 of the 5 values you’ll need for your probate application:

  • gross estate value for IHT
  • net estate value for IHT
  • net qualifying value for IHT

Use these values to work out the other 2 values you’ll need:

  • gross value for probate
  • net value for probate

How to work out the gross value for probate

Work out the gross value of the estate for Inheritance Tax and then subtract the value of all of the following:

  • assets that were owned with someone else (‘joint assets’) and that are being passed to the surviving owner
  • gifts that were made in the 7 years before they died
  • assets that were owned abroad (for example, overseas property or money in foreign bank accounts)
  • assets held in a trust

How to work out the net value for probate

Subtract the value of any debts the person who died owed and the cost of the funeral from the gross value for probate.

Do not include debts that were owed jointly with someone else, for example, a mortgage on a joint property.

Get help

If you’re not sure whether to include something in the valuation, you can read the guidance on what counts as a gift.

If you need to report the full details of the estate to HMRC

Fill out and send form IHT400 and form IHT421 to HMRC. You’ll get a letter within 20 working days which you’ll need before you can apply for probate.

You normally have to pay at least some of the tax before you’ll get probate. You can claim the tax back from the estate, if you pay it out of your own bank account.

What you’ll need to apply

You’ll need the death certificate or an interim death certificate from the coroner. You’ll also need the original will, if there is one.

5. Fees

You may have to pay a fee to apply for probate. Whether you need to pay depends on the value of the estate.

If the value of the estate is over £5,000, the application fee is £273.

There’s no fee if the estate is £5,000 or less.

You can order extra copies of the probate document for £1.50 each. This means you can send them to different organisations at the same time.

If probate has already been granted, it costs £20 to make a second application. For example, if you want to apply as an executor after holding ‘power reserved’ on the first application. You’ll have to pay the fee even if the value of the estate is £5,000 or less.

Get help with fees

You may be able to get help to pay the probate fee and other court fees if you have a low income or are on certain benefits.

You can apply for help with fees online or fill in form EX160 before applying for probate.

If you apply for probate online, you’ll have to pay the full probate fee when you apply. You’ll get a refund later if your application for help with fees is successful.

After you apply for help online

Send your online help with fees reference number:

  • with form PA1P or PA1A if you’re applying for probate by post (the address is on the form)
  • with your supporting documents, such as the will, if you’re applying for probate online (you’ll be told the address in your application)
  • by email to the help with fees team, if you’re applying for probate by post or online - put ‘HWF/[full name of person who died]/[date of death]/probate application’ in the email subject line

Probate help with fees team
probatehelpwithfees@justice.gov.uk

If you apply using form EX160

Fill in form EX160 and send it by:

  • post to the national probate registry in Newcastle - include a note to say you’re applying for probate
  • email to the help with fees team - put ‘HWF/[full name of person who died]/[date of death]/probate application’ in the email subject line

Probate help with fees team
probatehelpwithfees@justice.gov.uk

6. Apply for probate

You can apply for probate yourself online or by post. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you.

Read guidance from Money Helper about using a probate practitioner for information on hiring a legal professional.

You’ll usually get probate within 16 weeks of submitting your application. It can take longer if you need to provide additional information.

This guide and the service are also available in Welsh (Cymraeg).

Apply for probate online

You must have estimated the value of the estate to find out if there’s Inheritance Tax to pay before you can apply for probate.

If you’ve reported the full estate to HM Revenue and Customs (HMRC), before applying you must:

  • start paying Inheritance Tax, if there is any
  • wait for HMRC to send you a letter with a code before you apply

Apply for probate

Return to or track your application

Sign in to the probate service to:

  • continue an existing application
  • track the progress of an application
  • see completed applications

If you need help applying online

Who you contact depends on the type of help you need.

If you’re having technical issues or need guidance about how to apply

Courts and Tribunals Service Centre
contactprobate@justice.gov.uk
Telephone: 0300 303 0648 
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges 
Webchat

If you do not have access to the internet or do not feel confident using it

We Are Group
support@wearegroup.com
Telephone: 03300 160 051
Monday to Friday, 9am to 5pm
Closed on bank holidays
Text FORM to 60777 and someone will call you back
Find out about call charges

Apply for probate by post

The form you need to fill in depends on whether the person left a will or not.

If there’s a will, fill in application form PA1P.

If there’s not a will, fill in application form PA1A.

If you’ve reported the full estate to HMRC, before applying you must:

  • start paying Inheritance Tax, if there is any
  • wait for HMRC to send you a letter with a code before you apply

It takes longer to process paper applications than online applications. Apply online if you can.

7. After you've applied

Your application will be reviewed by the Probate Service. Track the progress of your probate application online.

Once your application has been approved, the will and any additions to it (‘codicils’) will be kept by the probate registry and become a public record. If you sent in the death certificate, it will be returned to you.

What you’ll get

You’ll get a document that allows you to start dealing with the estate. This will be one of the following:

  • a ‘grant of probate’ - if the person left a will
  • ‘letters of administration with will annexed’ - if the will does not name an executor or the named executor cannot apply
  • ‘letters of administration’ - if the person did not leave a will

You’ll usually get the grant of probate or letters of administration within 16 weeks of submitting your application. It can take longer if you need to provide additional information.

If you ordered copies of your probate document for use outside the UK, these will take longer to arrive than your UK copy.

If there’s anything wrong with the probate document, return it to the district probate registry listed on the grant or letters.

What happens next

Once you have the grant of probate (or letters of administration) you can start dealing with the estate.

Send copies of the probate document to organisations that hold the assets of the person who died, for example their bank.