Who can apply for probate?
Who can apply will depend on whether the person who died left a valid Will.
If there is a Will, the executors named in the Will or a valid codicil will normally be responsible for applying for probate.
If there is no Will, the process is different. An eligible relative may be able to apply to become the administrator of the estate and receive Letters of Administration rather than a Grant of Probate.
Before beginning an application, it is therefore important to establish whether there is a valid Will and who has the legal right to deal with the estate.
How do you apply for probate?
There are several stages involved in applying for probate.
1. Check whether probate is required
Not every estate requires probate.
Whether it is needed will depend on the assets within the estate, how they were owned and the requirements of the organisations holding them.
For example, certain jointly owned assets may pass automatically to the surviving owner, while some banks may release smaller balances without requiring a grant.
If you are unsure, our Probate and Estate Administration team can help you establish whether an application is necessary.
2. Find the original Will
If the person left a Will, you will need to locate the most recent valid version.
The Will should identify the executors responsible for dealing with the estate. Any valid codicils, which are formal amendments to a Will, will also need to be considered.
The original Will is normally required as part of the probate process, so it is important to locate this before progressing with the application.
3. Identify and value the estate
Before applying for probate, you need to estimate the value of the person's estate.
This means identifying their assets, which could include:
- Property
- Bank and building society accounts
- Savings
- Shares and investments
- Valuable possessions
- Business interests
- Certain jointly owned assets
You will also need to establish what debts and liabilities the person had.
Depending on the estate, you may need to contact banks, investment providers, mortgage companies and other organisations to obtain balances or arrange professional valuations.
4. Deal with Inheritance Tax
Once the estate has been valued, you will need to establish whether Inheritance Tax is payable and whether full details of the estate need to be reported to HMRC.
Where full estate details are required, the relevant Inheritance Tax information must be submitted before applying for probate.
Inheritance Tax can be one of the more complicated parts of estate administration, particularly where property, lifetime gifts, trusts or other significant assets are involved.
If you are uncertain about the tax position of an estate, getting advice before submitting the probate application can help avoid problems later.
5. Submit the probate application
Once the estate has been valued and the relevant tax requirements have been dealt with, you can apply for probate.
Applications can be made online or by post.
If applying by post and the person left a Will, form PA1P is used. Where there is no Will, form PA1A is used.
You will need to provide information about the person who died, the estate and the people applying.
You can make the application yourself or ask a probate practitioner, such as a solicitor, to apply on your behalf.
6. Pay the probate application fee
For estates valued at more than £5,000, the probate application fee in England and Wales is currently £526.
There is no application fee where the estate is worth £5,000 or less.
Additional copies of the probate document can also be ordered, which can be useful if several banks or financial organisations need to see the grant while the estate is being administered.
What happens after you apply for probate?
Once the application has been submitted, it will be considered by the Probate Registry.
A Grant of Probate or Letters of Administration is usually received within 12 weeks of submitting the application, although it can take longer if further information is needed.
Once the grant has been issued, the executor or administrator can use it where required to begin dealing with the estate.
This may involve:
- Closing bank accounts
- Collecting savings and investments
- Selling or transferring property
- Paying outstanding debts
- Dealing with remaining tax liabilities
- Distributing the estate to beneficiaries
Receiving probate therefore does not mean the estate administration is finished. It gives you the authority needed to move on to the next stages.
Can I apply for probate without a solicitor?
Yes. You can apply for probate yourself either online or by post.
For a straightforward estate, you may feel comfortable dealing with the application independently.
However, administering an estate can become more complicated where there is Inheritance Tax to pay, several properties, business interests, overseas assets, a missing Will or disagreements between beneficiaries.
At John Fowlers, we can provide as much or as little support as you need.
Our Probate and Estate Administration team can help with the probate application alone or take care of the wider estate administration on your behalf.
What if probate has already been applied for?
If you are a beneficiary or family member and want to know whether probate has already been granted, probate records for England and Wales can be searched online.
New probate records normally become available online around 14 days after the grant has been issued.
Want to understand probate in more detail?
Applying for probate is only one stage of dealing with an estate.
For a broader overview covering what probate means, when it may be required and what happens after a grant is issued, read our guide to what probate is.
Need help applying for probate?
Applying for probate can be straightforward in some circumstances, but estates involving property, tax or more complicated family arrangements can require additional care.
At John Fowlers, our Probate and Estate Administration team can help you understand what needs to be done and guide you through the process from the outset.
We can assist with obtaining the Grant of Probate or, if you prefer, manage the full administration of the estate for you.
Contact us today to speak to a member of our team.