Applying for Probate
Once you have gathered together values of all the assets and debts of the estate, and you have established that you need a Grant of Probate to deal with these, you can start to prepare your application for a Grant of Probate. To check if you need to apply for Probate, read our guide here.
The Grant of Probate will give you authority as executor to deal with the assets such as selling any property or transferring any assets into the names of the persons receiving them under the will.
What will I need to apply for Probate?
- The deceased’s full name
- Their last known address
- Their date of birth and date of death
- Values of the assets and debts of the estate
- Original will
- Full names and addresses of each executor named in the will
- Details of any inheritance tax relief which you are claiming, such as a gift to charity or to a surviving spouse or civil partner of the deceased
- Details of the estate of a spouse or civil partner of the person who has died now
- Power of Attorney (if you are applying as attorney for one of the executors)
- Money to pay the Probate Court fee
- Deed of renunciation of any executor who has given up their right to act
- Death certificate of any executor who has died
How do I apply?
You can make the majority of applications online with the HMCTS portal, although there are some applications which you must make by post.
To check if you can apply online, click here and follow the steps in the Apply for Probate section.
The Legal Statement gives details of the person who has died, the executors in the will, and their estate. All executors will need to sign this. You can upload the signed document to your account and submit this to the Probate Registry.
Applying by post
There are some cases where the online checker tool does not allow you to apply online. In this situation, you can apply by post by completing one of the two documents below.
If there is a will, complete Form PA1P.
If there is no will, complete Form PA1A.
These webpages have helpful guidance on how to complete the forms and where to send them. They also explain what documents you will need to send with your application form.
If there is tax to pay or a full report of the estate has been sent to HMRC
Where you have submitted a full report of the estate to HMRC, or there is any inheritance tax to pay, you must wait at least 20 working days after the report was submitted before you can complete your application for the Grant of Probate. If you are not sure if you need to pay any Inheritance Tax, read our guide here.
What happens after I have applied?
The Probate Registry will check the application carefully and will scan the original will onto their records. The original will be destroyed, however, you can obtain a copy from them in the future for a small fee if you require one.
Although some Grants of Probate may be issued much sooner, currently, the timescale advised by the Probate Registry is around 16 weeks once you have submitted your application for a Grant of Probate. You can find out the current timescale by visiting the Government website.