How to Apply for Probate After a Death

What probate actually is — and when you need it

Probate is the legal authority to deal with someone's estate after they die. In England and Wales, if the person left a will and named executors, those executors apply for a grant of probate. If there's no will, the next of kin apply for letters of administration, and the whole thing is called a grant of representation. Scotland has confirmation instead, and Northern Ireland runs its own process, but most people use the word "probate" for all of it.

You don't always need a grant. Many banks and building societies will release money without one if the balance is below their own limit — often somewhere between £5,000 and £50,000. Assets held in joint names as joint tenants pass automatically to the survivor and sit outside the estate for this purpose. But if there's a property in the deceased's sole name, shareholdings, or an account above the institution's threshold, you'll almost certainly need probate before anyone will deal with you.

The first things to do, before any forms

Register the death, then order more copies of the death certificate than you think you'll need — six is a sensible starting point. Find the original will, not a photocopy, because registries and institutions want to see the signed document. Check the deceased's paperwork, ask their solicitor, and consider a will-tracing service if nothing turns up.

• Use the Tell Us Once service where it's offered, to notify government departments in one go.
• Secure the property, redirect post, and keep the heating on low in winter if the house is empty.
• Note the exact date of death — valuations, interest and most deadlines key off it.
• Confirm who the executors are and whether they're willing to act.

Applying for the grant

In England and Wales you apply through the online probate service. Form PA1P covers estates with a will; PA1A covers those without. The system asks detailed questions about the deceased, the estate and the applicants, and you sign a statement of truth at the end. Any executor who doesn't want to act should sign a renunciation rather than simply staying quiet.

The application fee is £273 for estates worth more than £5,000. Extra sealed copies of the grant cost £1.50 each, and it's worth ordering three or four — institutions are slow to return them. Straightforward applications are usually decided within four to eight weeks, though anything involving inheritance tax queries or an unclear will takes longer. Small, simple estates can often be handled entirely online without separate paper tax forms.

Valuing the estate and dealing with inheritance tax

You need to value everything the person owned on the date they died: property, bank and building society accounts, investments, Premium Bonds, vehicles, jewellery, household contents and any business interests. Debts, funeral costs and outstanding mortgages come off the total. HMRC wants realistic figures, so a professional valuation for property is standard, while honest estimates are usually fine for small items.

The inheritance tax threshold is £325,000, with an additional £175,000 residence nil-rate band in many cases, so a married couple can often pass on up to £1 million depending on how the estate is structured. Estates above the threshold normally require form IHT400 and its schedules; simpler cases can use the shorter route through the online service. Inheritance tax is payable six months after the end of the month of death, and some of it must be paid before probate is granted. If paying in one go isn't possible, speak to HMRC early about instalments.

Distributing the estate to beneficiaries

Once the grant arrives, you can collect in the assets and pay the debts. For anything substantial, open a separate executor's account so estate money never mixes with your own. Pay creditors and settle tax first, then distribute what remains according to the will or, if there isn't one, the intestacy rules.

• Keep a full record of every transaction — beneficiaries are entitled to see the accounts.
• Get a receipt before releasing any gift, however close the relationship.
• Consider a deed of variation if the beneficiaries want to rearrange who gets what; this is usually possible within two years of death.
• Hold back a reserve before final distribution in case a late bill or claim appears.

When it's worth getting professional help

Many straightforward estates are perfectly manageable by a careful executor, and doing it yourself can save several thousand pounds. But bring in a solicitor or probate practitioner if there's a business, a trust, property abroad, a dispute between beneficiaries, a will that's ambiguous or possibly invalid, or an estate that's close to the inheritance tax threshold. Their fee is almost always smaller than the cost of getting it wrong.

Remember that if you're named as executor, you're not obliged to act. It's far better to step back at the beginning than to hand over halfway through, once you've already signed declarations you can't easily undo.