Applying for probate

Applying for the legal right to deal with someone’s property, money, and possessions (their ‘estate’) when they die is called ‘applying for probate.’

Firstly if the person left a will, you’ll get a ‘grant of probate.’

Secondly, if the person did not leave a will, you’ll get ‘letters of administration.’

Thirdly you apply for both in the same way.

The process is different in Scotland and Northern Ireland

You may not need probate if the person who died:

• Had jointly owned land, property, shares or money – these will automatically pass to the surviving owners
• Only had savings or premium bonds
  Contact each asset holder (for example, a bank or mortgage company) to find out if you’ll need probate to get access to their assets. Every organisation has its own rules.

Things to do

• Check if there’s a will. There’s a different process if there’s no will.
• Value the estate and report it to HMRC.
• Apply for probate.
• Pay any Inheritance Tax that’s due.
• Collect the estate’s assets, for example money from the sale of the person’s property.
• Pay off any debts, for example, unpaid utilities bills.
• Keep a record (‘estate accounts’) of how any property, money, or possessions will be split.
• Pass the estate (‘distribute the assets’) on to the people named in the will (‘beneficiaries’).

When the person had a Will

A will states what should happen to a person’s property and belongings (‘estate’) after they die. It’s usually valid if it’s been signed by the person who made it and also 2 witnesses.

An executor is someone named in the will, or in an update to the will (a ‘codicil’), as a person who can deal with the estate.

An executor usually applies for probate to deal with the estate.

Moreover, you need the will and any updates to apply for probate. These must be original documents, not photocopies.

Find the original will

The person who died should have told all the executors where to find the original will. And any updates, for example:

• At their house
• Have they left a location of important documents letter
• With a solicitor

You cannot find the original will

You’ll need to fill in a lost will form if you cannot find the original will.

There’s more than one will

Only the most recent will is valid. Do not destroy any copies of earlier wills until you’ve received probate.