How to Apply for Probate: Step-by-Step UK Guide

Applying for probate is more straightforward than most people expect. While the paperwork might seem daunting at first, the government's online service walks you through each step. In my experience, the biggest challenge isn't the application itself – it's gathering all the information you need before you start.

This guide takes you through the entire process, from gathering documents to receiving your Grant of Probate. Whether you're doing this yourself or just want to understand what's involved, this will give you a clear picture of what to expect.

Before You Apply

You'll need to have certain things in place before you can complete the probate application:

1. Register the death

You must register the death before applying for probate. You'll need death certificates – order at least 4-5 copies, as banks and other organisations will want to see them.

2. Find the original will

If there's a will, you need the original document – not a copy. Check with the deceased's solicitor, in their home, or with their bank. Some people register wills with the National Will Register.

3. Identify who should apply

If there's a will, the named executors should apply. If there's no will, the person with the highest right to inherit applies (usually the spouse, then children). Only people over 18 can apply.

4. Gather financial information

You need values for everything the person owned and owed at the date of death. This takes time – start by writing to banks, pension providers, and other organisations to get closing balances.

Key information to gather:

• Property values (get estate agent estimates or professional valuations)
• Bank account balances at date of death
• Investment and share values
• Premium bonds, NS&I products
• Vehicle values
• Personal possessions (reasonable estimates)
• Money owed to the deceased
• Mortgage outstanding
• Credit cards and loans
• Unpaid bills
• Funeral costs

Valuing the Estate

Getting accurate valuations is crucial – you're legally responsible for the figures you provide, and undervaluing assets can lead to penalties.

Property

For most purposes, estate agent estimates are acceptable. Get 2-3 valuations and use an average. For inheritance tax purposes on larger estates, HMRC may require a professional RICS valuation.

Bank accounts and savings

Write to each bank asking for the balance at the date of death. They'll also tell you if they need probate before releasing funds.

Investments and shares

Get values from the date of death. For listed shares, you can look up historical prices. Investment platforms will provide statements.

Personal possessions

For most household items, a reasonable estimate is fine. Valuable items like jewellery, antiques, or art collections should be professionally valued.

Joint assets

If assets were owned jointly as 'joint tenants', they pass automatically to the surviving owner and usually aren't part of the probate estate (though they count for inheritance tax). If owned as 'tenants in common', the deceased's share is part of the estate.

Completing Inheritance Tax Forms

Before you can submit your probate application, you need to report the estate's value to HMRC. Even if no tax is due, this step is mandatory.

Form IHT205 (short form)

Use this if:

• The estate is worth under £325,000 (gross), OR
• The estate qualifies as 'excepted' (certain criteria including passing to spouse or charity)
• AND there are no complex assets like foreign property or trusts

Form IHT400 (full form)

Use this if:

• The estate is worth more than £325,000 (gross) and doesn't qualify as excepted
• Inheritance tax is due
• There are complex assets or circumstances

The IHT400 is longer and more detailed. You may also need supplementary schedules for specific types of assets. Many people get professional help with this form.

Paying inheritance tax

If tax is due, you usually need to pay at least some of it before probate is granted. You can:

• Ask banks to release funds directly to HMRC
• Take out a loan against the estate
• Pay from your own funds (to be reimbursed from the estate later)

Tax on property can be paid in instalments over 10 years, which helps if you need to sell the property to pay the tax.

The Online Application

Most people can apply online at gov.uk/applying-for-probate. The service guides you through each section and lets you save your progress.

What you'll need:

• The death certificate (you'll need to send the original)
• The original will (if there is one)
• Details from your inheritance tax forms
• Names and addresses of executors or administrators
• The application fee (£300 for estates over £5,000)
• Debit or credit card for payment

The application process:

1. Create an account or sign in
2. Answer questions about the deceased and their estate
3. Enter details of executors or administrators
4. Confirm estate values from your inheritance tax form
5. Make a legal statement (declaration of truth)
6. Pay the fee
7. Post the original documents (will, death certificate)

Legal statement

As part of the application, you make a legal statement confirming the information is true. This replaced the old requirement to physically swear an oath at a solicitor's office. You're making the statement under penalty of perjury, so make sure everything is accurate.

Paper Application Alternative

You can apply by post if you prefer or if your situation requires it (for example, if the will has complications). Download form PA1P (if there's a will) or PA1A (if there's no will) from GOV.UK.

Paper applications take longer to process and require you to attend an appointment to swear an oath. The online service is faster and easier for most people.

What Happens After You Apply

Processing time

Currently, straightforward applications take 8-12 weeks. You can track your application online using the reference number provided.

Possible outcomes:

• Approved: You receive the Grant of Probate by post, along with any extra copies you ordered
• Query: The probate registry contacts you for more information or clarification
• Rejected: Rare, but happens if there are serious issues with the application

If there's a problem:

Common issues include:

• Errors or inconsistencies in the application
• Missing signatures or documents
• Questions about the will's validity
• Discrepancies in estate values

Most issues can be resolved by providing additional information or correcting errors. The registry will tell you what's needed.

Using Your Grant of Probate

Once you have the grant, you can start collecting assets and administering the estate.

For bank accounts: Send a copy of the grant and death certificate to each bank. They'll close the account and transfer funds to the estate account.

For property: Use the grant to prove your authority to sell or transfer the property. For registered land, you'll also need to submit forms to the Land Registry.

For investments: Contact each provider with the grant and follow their process for transferring or cashing in holdings.

Keep multiple copies

You'll need to send copies of the grant to multiple organisations at once – otherwise administration takes forever. Order at least 4-5 extra copies when you apply (£1.50 each). Some institutions accept certified copies; others want 'official' copies from the probate registry.

Common Mistakes to Avoid

Undervaluing assets

HMRC can investigate estate values and impose penalties for undervaluation. Get proper valuations for property and valuable items, and use accurate figures for financial assets.

Missing assets

Make thorough searches for assets. Check paperwork, post, and email for accounts you might not know about. Use tracing services if needed. You're responsible for finding and declaring everything.

Distributing too early

Don't distribute the estate until you're sure all debts are paid, including potential claims from creditors or under the Inheritance Act. The standard waiting period is 6 months from the grant.

Sending original documents without copies

Make copies of everything before you send it. Original wills are returned, but it's wise to have copies in case anything gets lost in the post.

Not keeping records

Keep detailed records of everything: what assets there were, what you paid out, what you distributed. You may need to produce accounts for beneficiaries or for tax purposes.

Applying before you're ready

Make sure you have all the information you need before applying. Getting values wrong can delay your application or cause problems later. Take the time to gather accurate information first.

Probate administration is a responsibility, but it's manageable. Take it step by step, keep good records, and don't hesitate to seek professional help if you encounter complications. Most estates are more straightforward than executors initially fear.