Applying for Probate
Step-by-Step Guide to Applying for Probate in England & Wales
If you've been named as the executor of a will, one of your main legal responsibilities is applying for probate. Obtaining probate gives you the legal authority to deal with the deceased person's estate, including collecting assets, paying debts and distributing inheritance.
While the application process can seem daunting, it follows a clear legal procedure. By understanding what's required before you apply, you can avoid unnecessary delays and ensure the estate is administered correctly.
This guide explains how to apply for probate in England and Wales, what documents you'll need, how long the process usually takes and when it may be worth instructing a probate solicitor.
What Does Applying for Probate Mean?
Applying for probate means asking the Probate Registry to give you legal authority to administer the estate of someone who has died.
If the application is successful, you’ll receive a Grant of Probate.
This document allows you to:
- Access bank accounts
- Sell or transfer property
- Cash investments
- Pay outstanding debts
- Distribute the estate according to the will
Without probate, many organisations will not release the deceased’s assets.
Who Can Apply for Probate?
Only the executor named in a valid will can usually apply for probate.
There may be:
- One executor
- Two executors
- Several executors
If more than one executor has been appointed, they can normally apply together.
Sometimes an executor decides not to act. In these circumstances, another executor may continue with the application, depending on the circumstances.
What If There Isn't a Will?
If there is no valid will, you do not apply for probate.
Instead, an eligible family member usually applies for Letters of Administration.
The estate is then administered according to the Rules of Intestacy.
Before You Apply
Before submitting an application, you’ll need to gather information about the estate.
This usually includes:
- The original signed will
- Death certificate
- Property valuations
- Bank balances
- Investment statements
- Pension information
- Details of debts
- Mortgage information
- Funeral expenses
- Insurance policies
Having complete information before starting your application helps avoid delays.
Step 1 – Register the Death
Before probate can be applied for, the death must be officially registered.
You’ll receive certified copies of the death certificate, which you’ll need when contacting banks and other organisations.
Step 2 – Locate the Original Will
The Probate Registry normally requires the original will.
Check that:
- It is signed.
- It is the latest version.
- It names the executor(s).
- Any codicils are included.
If the original will has been lost, legal advice should be obtained before proceeding.
Step 3 – Value the Estate
You must identify and value everything the deceased owned.
Typical assets include:
- Property
- Savings
- Current accounts
- Investments
- Shares
- Premium Bonds
- Vehicles
- Jewellery
- Business interests
You’ll also need to identify any debts, including:
- Mortgages
- Loans
- Credit cards
- Utility bills
- Tax owed
Accurate valuations are particularly important if Inheritance Tax may be payable.
Step 4 – Complete Inheritance Tax Requirements
Before probate is granted, you’ll usually need to complete the appropriate Inheritance Tax paperwork.
Depending on the estate:
- No Inheritance Tax may be due.
- Tax may need to be paid before probate is granted.
- HMRC may request additional information.
Completing the required forms accurately helps avoid delays.
Step 5 – Complete the Probate Application
Once you’ve gathered all the necessary information, you can complete your probate application.
The application generally asks for:
- Details of the deceased
- Details of the executor
- Information about the will
- Estate value
- Tax information
Applications can often be made online for straightforward estates.
Step 6 – Submit Your Application
When submitting your application, you’ll normally provide:
- Completed application
- Original will
- Supporting documents
- Required fee (if applicable)
The Probate Registry reviews your application before issuing the Grant of Probate.
What Happens After You Apply?
After the Probate Registry receives your application, it will review the information provided.
If everything is correct, the Grant of Probate is issued.
If additional information is needed, the Probate Registry may contact you before the application can proceed.
Once probate has been granted, you can begin collecting the estate’s assets.
What Can You Do Once Probate Is Granted?
After receiving the Grant of Probate, you can:
- Close bank accounts
- Collect savings
- Cash investments
- Sell property
- Transfer shares
- Pay outstanding debts
- Distribute inheritance
You should keep accurate records of every transaction made on behalf of the estate.
How Long Does Applying for Probate Take?
The overall timescale depends on:
- The complexity of the estate
- Whether Inheritance Tax applies
- How quickly financial information is gathered
- Whether the application is complete
- Probate Registry processing times
Straightforward applications are generally processed more quickly than those involving large or complex estates.
Common Mistakes When Applying for Probate
Executors often experience delays because of simple errors.
Common mistakes include:
- Using an incorrect estate valuation
- Forgetting assets
- Omitting debts
- Sending incomplete paperwork
- Losing the original will
- Missing tax requirements
- Applying before gathering all financial information
Checking your application carefully before submission can help avoid unnecessary delays.
Can You Apply for Probate Yourself?
Yes.
Many executors successfully apply for probate without using a solicitor.
However, professional legal advice may be beneficial where:
- The estate is large.
- Property is involved.
- Inheritance Tax is payable.
- There are overseas assets.
- Business interests exist.
- Family members disagree.
- The will may be challenged.
A probate solicitor can prepare the application and guide you through the administration process.
How Find a Funeral Can Help
Applying for probate is an important step in administering a loved one’s estate. At Find a Funeral, we provide practical guidance to help executors understand the application process and avoid common mistakes.
If you’d prefer professional assistance, we can help you compare experienced probate solicitors across the UK who can manage the application and estate administration on your behalf.
Yes. Many straightforward probate applications can be completed online.
You can usually apply once you’ve valued the estate and completed any required Inheritance Tax paperwork.
Yes. Multiple executors can usually apply together.
The Probate Registry may ask for additional information, which can delay the application. It’s important to check all details carefully before submitting.
Not always. Many straightforward estates are administered without legal representation, although professional advice can be helpful for more complex estates.