Guide to Completing Probate

If you are responsible for dealing with the property, money, and other possessions of someone who has passed away, you may need to undergo a process called probate. While this may seem like another thing to worry about during a difficult time, it is often something you can handle yourself, which can save you thousands of pounds. The following guide will explain how to do so.

Probate is a legal process.

A person's estate consists of property, money, and possessions that need to be divided among the heirs. A 'grant of representation' is required in order to do this. Your authority to administer the estate is demonstrated by this document. Depending on whether a will has been left, this will take a different form.

• A grant of probate will be required if a will has been left.
• In the absence of a will, the next of kin will need to apply for a grant of letters of administration.

In this guide, we will use the term "probate" to refer to the process of applying for the grant and the document used to administer the estate.

The process of obtaining a will is the same for everyone living in England, Wales, and Northern Ireland. However, if you live in Scotland, the process is referred to as confirmation (see below for further information).

Simply put, and in order, the executor's role and the process of administering probate are as follows:

·      Identifying any assets, such as bank accounts with money left in them

·      The payment of any bills

·      Following the will, distributing what remains

Is probate necessary for everyone?

·      It is not. This process is not necessary for many estates. When a spouse or civil partner inherits jointly-owned property and money after the death of a spouse, probate will not normally be required.

·      Consult HM Revenue & Customs if you are uncertain whether probate is required.

Can you tell me how long probate takes?

·      You can expect to receive a grant of probate within four to eight weeks of submitting your application, provided there are no complications.

·      Depending on the complexity of the estate, the length of time it takes to complete varies. The administration of an estate in which there is property to be sold, or multiple stocks and investments, is likely to take longer than one consisting only of money in a bank account. There can be a delay of several months, and in some complex cases, even years, in the process of probate.

Can you tell me how much probate costs?

If you decide to handle probate alone or with the assistance of a probate specialist, you will have to pay an upfront fee.

You might feel intimidated by the prospect of going through probate without any help, but you do not need to spend thousands on it if you do not want to waste thousands of pounds. Probate does not have to be a scary experience. The most important message here is...

When dealing with an uncomplicated estate, you do not need to hire a probate specialist - it is cheaper to do it yourself.

Whether you apply through a solicitor or go the DIY route, the application fee for probate in England and Wales is £273. The fee for estates worth less than £5,000 is waived. If the estate is worth more than £10,001, there is a fee of £261 (if it is worth less than £10,001, there is no fee). 

There is a charge of £1.50 per additional copy of the probate form. Ordering a few extra copies is a good idea since multiple copies are essential for the administration process.

The probate fee may be reduced to a full or partial extent if you are on a low income and/or receiving certain benefits. Apply online or download a paper form for Help with Fees if you are eligible.

Costs associated with probate specialists

In the event that you choose to seek the assistance of a probate specialist, the amount you pay will depend on the route you choose. There are three main ways in which you can obtain this assistance:

1.     Specialists who charge a fixed fee. In this case, the specialist charges a fee based on an estimate of the amount of work involved.

2.     Probate solicitor and specialist with an hourly rate. A percentage fee or hourly rate will typically be charged by these professionals based on the value of the estate. It may range between 1% and 5% of the value of the estate plus VAT, so those who deal with large estates may have to hand over a substantial sum of money.
 
The complexity of the estate must, however, be taken into account. The probate process can be complicated for someone dealing with a complicated estate, and if it is not handled correctly he or she could lose money in the future.

3.     The banks. There is a good chance that your bank will provide probate and estate administration services. The cost of using a solicitor or a specialist firm can often be greater than that of using a lawyer. Alternatively, you can contact a company for a quote, but this is probably not the best course of action.

The 9 steps to DIY probate - the best option for most individuals

According to our users who have gone through the probate process in the past, those who used a professional to handle more simple estates wished they had gone the DIY route instead, while those who employed a DIY approach indicated that it can sometimes be a lengthy and time-consuming process. Their grieving seemed to be distracted by this activity, which gave them something to focus on other than their grief.

In most probate cases, the process is the same, so in the following section we will outline the main steps you will need to follow if you are doing the probate yourself and are not seeking legal assistance.

1. Register the death

Prior to starting probate, you will need to register the death in order to obtain copies of the death certificates for each of the deceased's assets (for example, each bank account, credit card, mortgage, and so on).

In England, Wales, and Northern Ireland, you are usually required to notify the coroner within five days, and in Scotland within eight - although this requirement does not apply if the death was reported to the coroner.

Use Gov.uk to locate the register office for the area where the death occurred. You may need to schedule an appointment, so it is a good idea to call in advance.

2. Investigate whether a will exists

Check to see if there is a will before doing anything else. In the first week following the death, it is a good idea to begin looking for a will, as it may also contain other instructions, such as funeral arrangements.

The executor will be identified in the will, so it is important to establish whether there is a will. Furthermore, it specifies who will receive any assets that remain after the sale.

The situation becomes more complicated if there is no executor named in the will or if the person named is not able to fulfil the position due to some reason. There is, however, a procedure that must be followed. It is possible for any beneficiary of the estate - usually a close relative such as a spouse, child or parent - to apply to the probate registry to become what is known as an "administrator" of the estate.

In the event that there is no will, what should be done?

In the absence of a valid will, the deceased is deemed to have died intestate. The distribution of their estate is governed by laws called intestacy rules in this case. Intestacy rules typically do not provide for the inheritance of unmarried or divorced partners.

3. Organize inheritance tax payments

As soon as you have identified the executor - the individual authorized to be in charge of the deceased's property, money, and possessions - they must apply for a document known as a grant. (If there are multiple executors, only one needs to apply.) It demonstrates your right to access funds, sort finances, and distribute assets.

It is important to note that if the person died after 1 January 2022, the first step in applying for the 'grant' is to determine the value of the deceased's estate (as detailed in point 8) and to use the online checker tool to determine whether inheritance tax (IHT) is likely to be owed. 

In cases where the estimated value of the estate is below the IHT threshold (currently £325,000). HM Revenue & Customs (HMRC) will not require you to report a 'excepted estate' separately - though you will still need to report it when applying for probate.
 
It should be noted that inheritance tax is not charged on assets (or even entire estates) transferred to a surviving spouse.

An estate whose estimated value exceeds the IHT threshold (£325,000). In this case, you will need to complete an IHT400 form and send it to HMRC. After waiting 20 working days, you may apply for probate.
 
If a deceased individual leaves behind their home to a direct descendant, such as their child or grandchild, inheritance tax might not be charged on the first £500,000 of their estate, as a result of the residence nil-rate band (you will need to fill out an IHT400 form and an IHT435 form if this applies to you). This extra allowance is explained in more detail in our Inheritance Tax Guide.

You will need to settle any tax obligations before receiving the grant. In order to do so, you have six months from the end of the month in which the person died. In some cases, you may be able to defer tax and pay in instalments on certain assets, such as land, some shares, and the value of a business owned (not the assets themselves).

You may be able to arrange a direct payment to HMRC if there is enough money in the deceased's bank account to cover the amount of taxes due. In most cases, you will be able to do this if you submit an IHT423 form to your bank.

In the event there is not enough money, you will either have to pay from your own pocket (if you are able to) and recoup the money from the estate after probate - or take out a loan from a bank. Once the grant has been issued and assets have been released, the loan can be repaid from the estate.

However, even if the money is borrowed, a family estate whose main asset is the family home may not have enough cash or other assets to repay it. It may be necessary to sell or mortgage the family home in order to accomplish this. In exceptional circumstances, if you have tried everything possible but have been unable to raise funds to cover the fees, you may be able to apply for assistance from the Lord Chancellor.

An application for probate will need to be completed. Some applicants will be able to complete this online, while others will be required to complete a paper application. 

In order to use the online service, you must be the executor or administrator of the deceased and you must:

·      If you are the husband, wife, civil partner, or child (over 18) of the deceased, please complete the following form 

·      Keep a copy of the original will

·      Make sure you have the original death certificate or an interim death certificate from the coroner

·      The value of the estate has already been reported

·      If you need to pay inheritance tax, you have submitted tax forms to HM Revenue & Customs (HMRC) and waited 20 working days

If you are unable to pay the probate fee, you can apply for help with this fee. The fee is £273 (£261 in Northern Ireland).

4.     Applying for probate Online

It is possible to complete the main probate application form online, but afterwards you will need to send the original will and any supporting documents to:

HMCTS Probate

PO Box 12625

Harlow

CM20 9QE

In order to send these items, it is recommended that you use a signed-for or tracked postal service that is capable of delivering to PO boxes.

Filling out a PAPER application for probate

The form PA1P must be filled out if there is a will. Fill out form PA1A if there is no will. Alternatively, you can call the probate and inheritance tax helpline on 0300 123 1072 or visit HMRC for assistance.

Provide the following information to HMCTS Probate, PO Box 12625, Harlow, CM20 9QE, including:

·      Application for probate form PA1P or PA1A

·      When completing form PA1P, the original will should be included

·      The following inheritance tax forms must be completed: IHT205 or IHT207, as well as IHT217, if applicable

·      Please enclose a check for £273 to cover the application fee (made payable to HM Courts and Tribunals Service).

·      Please attach any supporting documents as requested on the form

You may be able to apply online if you are applying from Northern Ireland. You can download one of these paper forms if this is not an option for you:

·      If a will exists, you may apply for probate (form NIPF1)

·      In the absence of a will, apply for probate using the NIPF2 form

Please post the completed form to the following address:

The Probate Office, Royal Courts of Justice
Chichester Street
Belfast
BT1 3JF

5. Closing all accounts and notifying all organisations

It would be advisable for you to inform every organization that had a relationship with the deceased, including government agencies and financial and utility companies. It is important to follow these steps in order to fulfil your responsibilities, get back the money owed, and prevent the charging of any further charges.

Checking the correct location. Identify who they had accounts with by reviewing all paperwork, internet bookmarks and files. Check with their next-of-kin to see if they have a financial factsheet with details that will be helpful.

It can take up to three months for the website My Lost Account to find out where the deceased held an account, if you are not able to locate all the deceased's bank, building society, or savings account information. As well as locating lost pensions and investments, there are also websites that may be of assistance. You can find a complete description of how to reclaim forgotten cash in our Reclaim forgotten cash guide.

Please be aware. In the event that there is a second credit card on the deceased's account, it will be frozen once you have notified the bank. In the event that you are reliant on that card, you should request an account in your name or visit Best Cards for Spending for the best deals. It will be possible for you to change the account solely into your name if you had a joint account with the bank.

6. Any debts should be paid off

It is normal for debts to be paid, but only if the deceased had money left to do so. The term "mortgage debt" refers to mortgages, loans, credit and store cards, hire purchase agreements, and any other commercial debt that does not relate to student loans.

It is important to note that only the estate of the deceased is responsible for any debts, not their family members. The following order generally needs to be followed when only enough money is available to pay some debts: secured debts (such as mortgages), funeral costs, then other debts (including taxes).

In order to give you an idea of the order of payment required under law, we have simplified this. Generally, if there is not enough money to cover all of these, everyone should receive a certain amount. For assistance, please contact Citizens Advice. However, it is important to keep in mind:

The mortgage must be repaid. No matter whether there is insurance or not, this applies. It is possible that you will have to sell the property in the worst case scenario, however, if you are in financial difficulty, contact your lender to discuss your options. You may also wish to speak with a solicitor or Citizens Advice, and you may wish to consult our Debt help guide for information on free debt counselling.

The surviving person is responsible for all debts arising from joint ownership. Citizens Advice can assist you if you are concerned about the impact this may have on you.

In the event that all of the deceased's assets pass to their surviving spouse, there may not be enough money to pay off any debts, which could result in the debt being written off. It is possible, however, for creditors to apply for an 'insolvency administration order' within five years of the death of a debtor. As a result, any property or assets that automatically pass to the surviving spouse may be legally divided, forcing the sale of the property.

Hence, you should first attempt to reach an agreement with lenders, and if necessary, you should try to pay them yourself. There may be a need for you to consult Citizens Advice regarding this complex issue.

7. Make a claim on any life insurance policy

This is important. It is important to check whether the deceased had any insurance coverage. In such a case, it is possible that the deceased's debts are covered by the deceased's life insurance policy or PPI (see below for further information).

The beneficiary of life insurance usually receives a lump sum payment after the insured dies. It is therefore imperative that if the deceased had a life insurance policy or a mortgage life insurance plan, you contact the provider to alert them that the policyholder has passed away and to initiate the claim process.

Please make sure you have any policy information available when you call, as the policy number and details will expedite the process. In order to submit the claim, the provider will inform you of the paperwork that is required.

Don't worry if you do not have the details of the policy. Through the policyholder's name, date of birth, and address, the provider should be able to identify details about the plan. You will also need to provide the death certificate in order to validate the claim, so please be prepared to do so.

Depending on the circumstances, it may take a long time to complete. The insurance company may need to investigate further for a week or several months, as a rough guide.

Does the life insurance policy belong to a trust?

A life insurance policy written in trust can be paid directly to the beneficiaries rather than to your estate, and therefore will not be included in the calculation of inheritance tax (IHT).

The reason for this is that trusts act similarly to ISAs – they wrap themselves around whatever you have in them (for example, a life insurance policy) and protect them from the taxman, meaning that they cannot deduct any tax from the money you have in them, or count the money toward your IHT allowance. It also means it's likely the money will be available sooner than if you had to go through probate to get it. For help with the claims process, see the Association of British Insurers.

8. Assess the estate's value

The following items may be deemed to be part of the deceased's 'estate':

·      Financial institutions hold money.

·      The ownership of real property and land.

·      Companies.

·      A number of investment products are available, including stocks, shares, ISAs, etc.

·      Items of personal property, including jewellery, musical instruments, stamp collections, and automobiles.

·      The contents of the home.

·      Pension payments payable on death (excluding ongoing pension payments to a spouse or partner).

·      Payments from life insurance policies held in trust will not be subject to tax, however, as mentioned above.

·      An individual has made a loan to another individual on behalf of the deceased.

·      The deceased may have benefited from certain types of trusts (consult with a professional for advice).

·      The deceased was a beneficiary of an alternatively secured pension fund.

In order to determine what a property is worth, a property valuation may be necessary (see Free house price valuations for information on how to value a property). Depending on the policy, insurance payouts may be included in the estate, so take this into account when determining the value of your estate.

Depending on the circumstances, gifts given by the deceased within seven years of their death may need to be considered, as well as assets they had an interest in (for example, if the deceased gave their kids the property but lived in it rent-free). For more information about valuing someone's estate, please visit Gov.uk.

9. Distribute the remaining assets among the stakeholders

As soon as you have completed all these steps, you will be pleased to learn that there is only one major financial task left to complete - dividing the estate.

In this case, whatever remains after all debts and taxes have been paid needs to be distributed. The distribution of any remaining assets should be straightforward if there is a will.

In the event that there is no will, what should be done?

In the absence of a will, the assets will be distributed according to the 'rules of intestacy' (although beneficiaries can agree to redistribute them).

If the deceased is married or in a civil partnership with an estate worth £270,000 or less, all assets go to his or her spouse, husband, or civil partner (this is referred to as 'success' in Scotland and different rules apply - please refer to the Scottish Government website for more information).

In this case, there is a complex set of rules depending on the surviving relatives, the amount involved, and the region of the UK in which you live.

Shares won't be automatically given to unmarried partners

In the event that you were not married or in a civil partnership, you will not automatically be entitled to a share of the estate. However, if the deceased has not left you anything in their will, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Dependants of other family members may also be eligible to file a claim. To apply, visit Gov.uk. Seek legal advice if you intend to do so or if you are involved in a family dispute.

The appointment of a probate specialist

We have outlined the steps in the section above for those who are willing to do it on their own. A probate specialist may be more appropriate if you are dealing with an estate that is particularly complex or if you feel you need to use one. Here are some tips for finding and appointing a probate specialist.

You can be sure that any probate specialist will charge you a fee, whether they're a solicitor or accountant.

Using a probate specialist might be a good idea if:

·      Inheritance tax is due on the estate's income and the estate is over the inheritance tax threshold. There is currently a £325,000 threshold for individuals who are not subject to inheritance tax.

·      This estate is complicated to administer because the deceased left no will.

·      It is doubtful whether the will is valid.

·      The deceased left out dependants who might be able to claim the estate, but who were deliberately omitted from the will.

·      Assets in the estate are held in trust, which complicates the estate's arrangements.

·      Insolvent (also known as bankrupt) is the state of the estate.

·      Whether the estate is bankrupt is in doubt.

·      Property or assets belonging to the estate are located abroad.

·      Tax purposes required the deceased to live outside the UK.

·      You can save some money if you follow the nine DIY steps above for everything else.

What is the best way to find a probate provider?

To find a solicitor who deals with probate in England and Wales, search The Law Society. Find a solicitor or firm near you by using the Quick Search tool and selecting 'Wills, trusts, and probate'. The Scottish solicitors directory can be used by those who live in Scotland, and the Northern Ireland solicitors directory can be used by those who live in Northern Ireland.

Speak to Harrisons Probate Solutions Group about our exclusive Solicitor Panel of specialist probate solicitors. 

You can also find an accredited probate accountancy firm through the ICAEW database if you prefer an accountant over a solicitor. In addition to accrediting firms for offering probate services, the ICAEW is an independent regulator. As a reminder, in England and Wales, the ICAEW's accredited probate providers can only handle non-contentious probate. Whenever an application is likely to be made to a court, a service is considered contentious.

Probate providers are regulated in what ways?

English and Welsh law does not regulate estate administration. Accountancy firms and solicitors, however, are regulated.

A solicitor's license is governed by the Solicitors' Regulation Authority, or SRA (in England and Wales; Scotland and Northern Ireland have their own regulators). In the event that you are not satisfied with the solicitors' firm's service, you can go to the Legal Ombudsman for redress.

In addition to indemnity insurance, solicitors are required to have run-off insurance, providing six additional years of cover if their firm closes. Additionally, £1 million is provided by the SRA's Solicitors' Indemnity Fund.

In the event that the probate process goes wrong, what happens?

Negligence in probate. The result of this type of error is the failure of a probate specialist to follow correct procedures, missing deadlines, or giving incorrect tax or legal advice to a client that damages their financial situation.

Claiming negligence in probate. It is possible for executors, administrators, or beneficiaries to make a probate negligence claim if they suffer a loss due to an error or mistake made by a probate solicitor. To begin with, the issue should first be addressed informally with your probate provider, for example by using the solicitor's complaints procedure.

In case that doesn't work, you can take your claim to the Small Claims Court if it is less than £10,000. For financial losses over £10,000, you'll need to hire a solicitor to help recover legal costs and get compensation.

When you first become aware that some form of negligence occurred, you must file a probate negligence claim within six years of the negligence. Unlike the rest of the United Kingdom, Scotland uses a confirmation process for probate.

Confirmation is the process of applying for probate in Scotland, which is very different from the rest of the UK.

The executor of an estate whose assets cannot be transferred to them has the right to administer the estate elsewhere in the UK. The Scottish confirmation is a legal document that transfers the estate assets to the executors in accordance with the will.

Executors must be at least 16 years old to take part in confirmation, though there can be any number of them.

Confirmation is needed when:

Ideally, you'd like confirmation that the deceased did not jointly own any property and that their estate exceeded £5,000 in value. A person's estate is valued before any debts are paid, including funeral expenses and any outstanding mortgage balance. This is different from the rest of the UK, where debts are deducted after the estate is valued.

In the event that you are dealing with an estate worth more than £5,000, you need to take different steps when applying for confirmation, based on whether there is a will in place and whether the estate is considered small (worth less than £36,000) or large (worth more than £36,000).

Confirmation application procedure

If you wish to apply for confirmation, you must include a list of all the deceased's assets and their values (at the time of death). In the event that confirmation is granted, this is known as an 'inventory' and it will be made publicly available.

In the event of a will:

It is possible to obtain confirmation of a will if the deceased left one. You will be assisted by the following individuals depending on the value of the estate:

The sheriff's office will be able to assist you if the estate has a value of less than £36,000. To schedule an appointment with the sheriff clerk, you can contact your local sheriff court. The clerk will be able to assist you in preparing the 'inventory'.

You should seek legal advice if the estate is worth more than £36,000.

In the absence of will

It is necessary to apply for letters of administration if there is no will in the rest of the UK. There is a different procedure in Scotland, and again, it depends on the size of the estate:

A 'bond of caution' is required if the estate is valued over £36,000. It protects against someone applying for confirmation when they are not entitled to do so, as well as against an executor failing to distribute the estate as provided by law.

The provision of a bond of caution can only be made in the case of an estate whose administration and distribution is being handled by a firm of solicitors. Fees are based on the gross value of the estate. Insurance companies charge a minimum fee of approximately £250.

It will only be necessary to file a bond of caution if you do not obtain the assistance of a sheriff clerk to prepare the 'inventory' of an estate worth less than £36,000. The sheriff court can arrange an appointment for you to receive this free service.

Asset distribution in an estate



In order to distribute any estate property to those entitled to it, the executor must wait six months from the date of death after confirmation has been granted. Those who have a claim on the estate should be able to bring their claim to the attention of the estate administrator.