Need to apply for probate but don’t know where to start? Read our expert guide and learn how applying for probate works, from the documentation you’ll need to the most common challenges faced.
If you’ve been appointed as the executor of a loved one’s will, you may well need to apply for probate.
Probate is the legal process of managing and distributing the estate (money, property and possessions) of someone who has passed away. To start the process, you will need to apply for a grant of probate from the Probate Registry. This is a legal document that grants the executor of a will the legal authority to collect, sell or transfer parts of the deceased’s estate according to the terms of the will.
In this guide, we take you through everything you need to know about applying for probate, including which documents you will need for the application, what to do after the application has been granted, and the most common challenges people face during the application process.
What documents do you need to apply for probate?
There are several essential documents you will need to provide when applying for grant of probate. These include:
The original copy of the deceased’s will: This cannot be a copy and will need to have been signed and dated by deceased and witnessed by at least two people to be valid. If the will is found not to be valid, the rules of intestacy will apply instead. In the absence of a valid will, these rules will determine who should administer the estate, and who should inherit from the estate.
The death certificate: You will need to provide a copy of the death certificate to prove your loved one has passed away and that the terms of their will should now be followed.
Details of the deceased’s estate, including any liabilities: This should be a comprehensive list of the deceased’s assets, including any property, financial accounts, and high-value possessions, as well as any liabilities, such as debts, loans, and mortgages. You may also need to report the value of the estate to HMRC to determine if any Inheritance Tax is due before you can make your application for a grant of probate.
The details of all beneficiaries named in the will: This should include the names of all beneficiaries, their contact information, and their relationship to the deceased.
Before you apply for probate
Once you have all the documentation you require to apply for a grant of probate, you will next have to calculate the value of the deceased’s estate to determine if any Inheritance Tax is due.
To calculate the estate’s value, you will need to calculate the total value of all the deceased’s assets at the date of their death, then subtract the value of any liabilities. You can also deduct any funeral expenses from this total.
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services.
Mrs E, Manchester (wills, trusts & probate case)
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend.
Ms G, Lancashire (wills, trusts & probate case)
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication.
Mr S, Lancashire (wills, trusts & probate case)
Collecting the necessary documentation and calculating the value of the deceased’s estate should provide you with all the information required to apply for a grant of probate.
To do so, you’ll need to complete a PA1P form (where the deceased has left a valid will) or a PA1A form (if there is no will or it is found to be invalid).
If the deceased’s estate was also calculated to be valued over £325,000, you will need to complete the IHT400 form to assess and pay any Inheritance Tax due.
Applications for probate can be made online or via post. Typically, online applications can take around 16 weeks, while applications made through the post can take up to six months. There is also a probate application fee for estates valued over £5,000. For smaller estates, your application could be exempt from this fee.
Once your application has been processed and approved, the Probate Registry will issue you the grant of probate.
What to do after the application for probate has been approved
After your application for a grant of probate has been approved, you will then have the legal authority to administer the deceased’s estate in accordance with the terms left in their will. This means you should begin to:
Collect the deceased’s assets, including accessing bank accounts, investments and any property
Pay off any outstanding liabilities, including any Inheritance Tax due
Distribute the remaining estate to named beneficiaries as dictated by the terms of the will
Common challenges when applying for probate
While the process of applying for probate can be time-consuming, particularly for larger and more complex estates where assets may be hold by numerous different institutions, it can be relatively straightforward for some.
However, challenges can arise, and it is important to understand what these could be and how to respond if they should occur.
Disputes among beneficiaries: There are times when beneficiaries may disagree with the contents of the will and how assets are to be distributed. For instance, someone may feel unfairly excluded or rise concerns about the validity of the will. Such disputes can delay probate and even lead to legal proceedings.
Difficulties locating beneficiaries: If you’re the executor, it is your responsibility to make every reasonable effort to locate all beneficiaries named in the will. However, if people have moved abroad or changed their details, it can be challenging and time-consuming.
Missing or incomplete documentation: Having the right documentation is crucial to ensuring the probate process runs smoothly. If you’re having difficulty finding the right documents or are unsure about the requirements, you should speak to a specialist probate solicitor for advice.
Foreign assets: If the deceased owned any assets abroad, you may need to go through additional legal procedures to be granted access in those countries. This can add a great deal of complication and time onto the process.
Support from industry-leading probate solicitors
While it is possible to complete the probate process without legal aid, it can be a challenging and time-consuming task which is often the last thing people wish to think about during a time when they are mourning the loss of a loved one.
Our compassionate and understanding probate solicitors are here to guide and support you when you need us most. From understanding how to apply for probate, what the process involves, and how to deal with challenges when they arise, to taking the burden off your shoulders and handling the process for you, whatever your circumstances, our industry-leading solicitors are here.
We’re incredibly proud to be members of the Society of Trust and Estate Practitioners (STEP), showcasing our team’s dedication and commitment to providing the highest quality legal services in the field.
Our approach is routed in clear communication and transparency, which includes funding options for your legal needs. We’ll provide you with a comprehensive breakdown of costs upfront and throughout your matter, so you’ll always know where you stand.
For support with your probate application, speak to our specialist probate solicitors
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There is no fixed time within which probate must be completed – in some cases, probate will complete within a few months, though others can take years.
It will depend upon the complexity of the deceased’s estate, the nature of the instructions left within their will, or if there are any disputes or challenges to the distribution of assets.
Can I apply for probate online?
Yes, it is possible to apply for probate online. Doing so can often to be quicker – online applications can take weeks to process, while it is not unusual for a postal application to take at least a couple of months.
Who applies for probate if there is no will?
If someone dies without a will, they are said to have died intestate. This means that for managing their estate, the rules of intestacy will apply.
Under these rules, an administrator will be appointed (a role similar to an executor of a will) and the deceased’s assets will be distributed according to strict inheritance rules.
To learn more about the rules of intestacy, visit our intestacy guide here.
How much money can you have in a bank before you have to go to probate?
As there is no set limit at which a grant of probate is required to access assets, it falls to each financial institution to set their threshold. A common threshold is set at £5,000, though it could be anything up to £50,000.
It is best to check with the institutions holding your loved one’s assets if you are uncertain.
Do I need a solicitor to get a grant of probate?
It isn’t a legal requirement to use a probate solicitor, however doing so on your own can be a very challenging experience and it can be difficult to know how to handle issues for the best when they arise.
Depending upon the value and complexity of your loved one’s estate and will, probate can be a length, time-consuming process, which many people can struggle with while they come to term with the loss of their loved one.
I am thrilled with how fast my Grant of Probate was dealt with and how lovely everyone was. I would highly recommend their services. Mrs E, Manchester (wills, trusts & probate case)
My lawyer was very helpful at all stages of the process. She explained things clearly and was very flexible and helpful in dealing with my challenging personal circumstances. I would highly recommend. Ms G, Lancashire (wills, trusts & probate case)
Very pleased with the service I received from Slater and Gordon. All actions required were carried out in a sympathetic and efficient manner. Clarification of requirements were indicated in a clear and precise detail with good communication. Mr S, Lancashire (wills, trusts & probate case)