Applying for probate

Find out how to apply for a grant of probate, what fees you’ll pay and the forms you’ll need to fill in.

If you’ve been named as an executor in someone’s will, you may need to apply for a grant of probate before you can begin dealing with their estate. If there’s no will and you’re an administrator, it’s an order called ‘letters of administration’ that you’ll need.

A grant of probate may not be required if the estate is very small or everything will transfer automatically to a spouse or civil partner. However, if you do need to apply for a grant of probate, there are a number of key steps to follow.

Get expert help with probate

Which? Legal Probate can help you through the entire probate process. From applying for a grant of probate to administering the estate, get detailed guidance and one-to-one support from our team of specialists.

Find how Which? Legal Probate can help

1. Assessing the estate 

You’ll need to assess the value of the person’s estate and any liabilities by going through their papers.

This process can range from a simple tally of bank and building society accounts to something far more complicated, with numerous investments, properties and personal effects to take into account. 

To complete the valuation, you’ll need to send a certified copy of the death certificate to each institution that holds the person’s assets and ask them to submit a final statement.

2. Property valuation

If the estate includes property, this also needs to be valued. You can do this yourself, by comparing the property with others nearby, but a written valuation by an estate agent or surveyor is usually a better idea, especially if inheritance tax is an issue.

3. Probate forms

Once you’ve assessed the size of the estate, you’ll need to complete a probate application form, called a PA1. This is included in the Which? Legal Probate pack.

In Scotland you apply for confirmation by sending forms C1 and C5 to the Sheriff Court

4. Inheritance tax forms

You also need to submit a form to HMRC to work out whether any inheritance tax (IHT) needs to be paid. There are two alternative forms to complete (these are used in Scotland, too):

  • IHT 205 if the estate is below the IHT threshold (currently £325,000) - this form is included in the Which? Legal pack

  • IHT 400 if the estate is above the IHT threshold

Whichever form you submit, it should include the value of the estate as well as details of any cash gifts made by the deceased in the seven years prior to their death. These need to be accounted for as they can affect the IHT liability of the estate.

Once the forms are completed, you should send them together with the original will and death certificate to the Probate Registry. 

As well as supplying the right paperwork, you need to swear an executor’s oath to say that the details you’ve provided are correct. You can do this at your nearest Probate Registry or a local solicitor’s office, for a small fee.

5. Probate fees

The application fee for a grant of probate is currently £215, regardless of the size of the estate.

Additional copies can be ordered for 50p each. Multiple copies are essential for the administration process – it's normal to order at least five, and you may want to order more if the state is complex.  

6. Obtaining a Grant of Probate

If IHT is due, this has to be paid before a grant of probate can be issued. If there are sufficient funds in one of the deceased’s bank accounts, you may be able to organise a direct payment to HMRC. Most UK banks permit this on receipt of an IHT 423 form.

If the major asset of the estate is a property or shares, HMRC will accept IHT in instalments, and only require a tenth of the total in advance.

  • Considering carrying out probate yourself? Find out how Which? Legal Probate can make the process easier

Free initial consultation?

Our Probate assistants are here to give you guidance on the probate process, call us on:

01992 825 001

Mon - Fri 8:30am - 6pm

Customer feedback

Sally was extremely helpful and knowledgeable. I was very impressed a booked call time with a probate specialist could be arranged so quickly. I am looking forward to my conversation with the Probate expert on Friday.

Which? Legal Probate Customer

Excellent service and support helping to give the understanding and confidence to carry out probate themselves

Which? Legal Probate Customer

Live Chat Software by Click4Assistance UK