How Do I Apply for Probate?

Applying for probate can seem daunting, but understanding the process makes it much more straightforward. This guide explains when you need probate, who can apply, and the steps you'll need to follow to get the legal right to deal with someone's estate after they die.

What is probate and when do you need it?

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.

However, you may not need probate in every situation. Contact the financial organisations the person who died used (such as 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 have agreed otherwise)
Owned land or property as 'joint tenants' with others (this automatically passes to the surviving owners)

You can check if probate has already been issued by searching the probate records.

Who can apply for probate?

Only certain people can apply for probate, and who can apply depends on whether there's a will.

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 (such as money or property) if you're also named as a beneficiary in the will.

If more than one executor is named

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 don't want to be an executor

You have options if you're named as an executor but don't want to take on the role:

Hold power reserved: If more than one executor is named in the will, you can choose not to apply now but reserve the right to apply later. Tell the person who's making the probate application in writing.

Give up your right permanently: Fill in form PA15 to give up your right to apply permanently (known as 'renunciation').

Appoint someone else: You can appoint someone to apply for you by filling in form PA11, or by using a signed enduring power of attorney (EPA) or registered lasting power of attorney (LPA).

If there's no will

If there's no will, the closest living relative can apply.

Steps to apply for probate

Step 1: 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, for example at their house, with a probate practitioner such as a solicitor, or at the national probate registry in Newcastle.

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.

Step 2: Value the estate

Before applying for probate, you must estimate the value of the estate (the money, property and possessions of the person who's died). You'll need this estimated value as part of your probate application.

Step 3: Work out if there's Inheritance Tax to pay

If the estate owes Inheritance Tax, you must report its value within one year using form IHT400. You cannot apply for probate until you have done this.

You'll normally have to start paying Inheritance Tax before probate is granted.

Even if there's no tax to pay, you'll need the estimated value of the estate as part of your probate application.

Step 4: Apply for probate

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

Your responsibilities as executor or administrator

As a personal representative (an executor or administrator), you're legally responsible for the money, property and possessions of the person who died from the date of death until the date everything has been passed on to the beneficiaries. This is known as the 'administration period'.

During the administration period you may have to:

Pay any debts left by the person who died
Sell assets such as properties or shares
Pay Income Tax on things like rental income from property, profits from a business or interest from investments
Pay Capital Gains Tax on profits from selling shares, investments or property
Report the estate value, income and tax liability to HMRC

Settling debts and taxes

You must pay any debts and settle the taxes for the person who died. This includes paying any unpaid bills and personal taxes, applying for tax refunds, and filling in a Self Assessment return for income the person earned before they died if needed.

Place a notice in The Gazette giving any creditors 2 months to claim anything they're owed. Do not distribute the estate's assets until the 2 months is up. If you do and the estate then cannot afford to pay a debt, you may have to pay it yourself.

Getting help

If you've not applied yet and have a question about applying for probate, contact the Courts and Tribunals Service Centre on 0300 303 0648 (Monday to Friday, 9am to 1pm), or email contactprobate@justice.gov.uk.

You can get professional legal advice and help, such as from a solicitor, to deal with any estate. You should consider this if the estate has a lot of assets or includes things like trusts.

Sources

This article provides general guidance based on current HMRC rules. For advice specific to your situation, speak to your accountant.