How to apply for probate

When someone dies, it falls to loved ones to deal with their property, money and possessions – known as their estate. The legal process of managing the estate is known as probate. This includes collecting assets, paying off debts and distributing the remaining items to beneficiaries.

Here, we explore what you need to do before applying for probate and the official documents you’ll need to complete the application.

What is probate?

Probate is the legal process of getting permission to manage a deceased person’s estate.

When someone dies, their money, property and assets are handled by an executor named in the Will. To access these assets, banks and other institutions usually need to see proof of probate.

If there’s no executor named, no valid Will, or the executor can’t or won’t do the job, someone else, usually a family member, takes over. This person is called the administrator.

What types of probate services are available?

Handling someone’s estate takes a lot of time and effort. There are many tax, administrative and property issues to deal with, and if you make any mistakes, you can be held responsible for them. So, it’s a good idea to get help from someone experienced in probate.

There are two types of probate services available, depending on what you need:

Full estate administration

A full estate administration service helps take the pressure off by dealing with every aspect of probate, including:

• Registering the death with the asset holders.
• Preparing legal paperwork (including HM Revenue and Customs forms and the executor’s/administrator’s legal statement).
• Obtaining the grant of representation.
• Collecting all assets and transferring them or arranging their sale.
• Paying all taxes in accordance with HMRC.
• Finalising the tax position.
• Settling estate debts.
• Distributing funds in accordance with the Will or rules of intestacy.

The estate administration provider advises you of your obligations and what you can do to minimise your responsibilities while still carrying them out properly. 

Grant-only

A grant-only probate service means you provide the service provider with all the necessary details, such as:

• The deceased’s assets.
• Any debts they owed.

The service provider  then prepares the legal documents for you, including HMRC forms and the executor’s/administrator’s legal statement. Once these have been completed, the grant is given to you, and you deal with the administrative work.

With the grant, you can: 

• Close bank accounts.
• Pay off debts.
• Settle taxes.
• Distribute the remaining money according to the Will or rules of intestacy.

You are responsible for ensuring all figures are correct and that everything is handled properly, including finalising taxes, paying debts and distributing money correctly.

Steps of applying for probate

Before applying for a grant of probate, there are several administrative tasks you need to complete, including:

1. Register the death

One of the first things you need to do is register the death at a register office. This must be done within five days (or eight days if you’re in Scotland). After registering, you’ll receive all the documents needed to arrange the funeral, including the death certificate.

2. Obtain the original Will

To establish your authority, you will need to get hold of the original Will. This can then be used to prove your authority as an executor, and the Will can be sent to the Probate Registry as part of an application for probate.

3. Value the estate

You will need to review the deceased person’s financial documents and list all their assets and debts. This includes money in bank accounts, insurance policies, pensions, investments and possessions.

Send a certified copy of the death certificate to each institution and ask for a final statement.

4. Organise inheritance tax

Inheritance tax is an important part of handling someone’s estate after they pass away. If the estate is worth more than £325,000, you may need to pay inheritance tax and fill out form IHT400.

You also need to report any gifts  the deceased gave in the last seven years, as these can impact the estate’s value for inheritance tax.

Fill in probate forms

Once you know the size and details of the estate, the next step is to fill out and send probate forms to the Probate Registry. You can download these from the UK Government website – the main form you need is the PA1 Probate Application Form.

You’ll also need to pay £300  to apply for probate if the estate’s value is over £5,000. If it’s below, it’s free of charge.

How do you start administering the estate?

As a personal representative, you can start managing the estate by sending a copy of the grant to any company holding the deceased’s assets, like a bank, and arranging for the money to be transferred to your account.

It’s best to open an executor account at a bank. This account will collect all the deceased’s savings, as well as money from selling any property or belongings not mentioned in the Will.

Use this money to pay off any debts, funeral costs, and your reasonable expenses as the personal representative.

After paying debts and taxes, the remaining money is the true value of the estate. You can then distribute this, along with any specific property or belongings, according to the Will. If there is no Will, distribute the estate according to the law of intestacy.

What happens if there are joint accounts or shared property?

Many people will die with joint accounts or shared property that need to be identified by the personal representative.

For joint accounts, the assets automatically go to the other person on the account. The same applies to properties owned under a joint tenancy (called joint ownership in Scotland). 

Suppose the property was owned as tenants in common (common ownership in Scotland and coparceners in Northern Ireland). In that case, the deceased’s share is passed on according to their Will or the law of intestacy.

How long does the probate process take?

Probate usually takes 6 to 12 months. The process can be long, especially if the estate is large or complex. However, it’s much easier if there’s a Will. 

Without a Will, handling someone’s affairs can become more complicated, time-consuming and expensive.