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How do I apply for probate?

Applying for probate follows a structured process. You can do it yourself or use a solicitor or probate specialist.

1. Register the death and get the death certificate: You need at least one original death certificate to start the probate process. Order extra copies (£12.50 each) as banks, insurers, and other institutions will each need to see one.
2. Value the estate: List all assets (property, savings, investments, pensions, personal possessions) and liabilities (mortgage, debts, funeral costs). You need accurate values for the probate application and the inheritance tax return. Property should be valued by a qualified surveyor or estate agent.
3. Complete the inheritance tax forms: All estates must report to HMRC, even if no tax is due. Simple estates below the threshold use the short form (IHT205 or the online excepted estates return). Larger or more complex estates require the full IHT400 form. Inheritance tax must be paid before the grant is issued.
4. Apply for the grant of probate: Submit your application online at GOV.UK or by post. You need the original will, death certificate, inheritance tax forms, and the £526 court fee. The application includes a legal statement confirming the information is true.
5. Collect assets and pay debts: Once you have the grant, send certified copies to banks, building societies, and other asset holders. Collect the assets, pay any outstanding debts, and settle the funeral bill. Place statutory notices in The Gazette and a local newspaper to protect yourself against unknown creditors.
6. Distribute the estate: After paying all debts and taxes, distribute the remaining assets to beneficiaries according to the will (or intestacy rules). Keep detailed records of everything for at least 12 years, as beneficiaries or HMRC can raise queries after distribution.

How much does probate cost?

Probate costs fall into two categories: fixed court fees and optional professional fees.

DIY probate is possible for simple estates and costs only the £526 court fee. The GOV.UK website provides step-by-step guidance. Professional help is recommended for estates with property, inheritance tax liabilities, multiple beneficiaries, or potential disputes. Always request a fixed-fee quote rather than a percentage-based fee, as percentage fees can cost thousands more on larger estates.

How long does probate take in the UK?

Probate timelines depend on the complexity of the estate and whether any complications arise.

The most common delays are caused by incomplete inheritance tax forms, property valuations that take longer than expected, disputes between beneficiaries, and HMRC queries about the estate value. Starting the valuation process as early as possible and instructing a probate solicitor for complex estates can help avoid delays.

Probate in England and Wales, Scotland and Northern Ireland

Across the UK, someone needs legal authority before they can deal with an estate. What that authority is called, and where you apply for it, depends on where the person who died was domiciled.

If the person owned property or money in more than one part of the UK, a single grant or confirmation from the nation where they were domiciled is normally recognised in the other two, so you don't usually need a second application. A Scottish confirmation only covers the assets listed in it, so property or accounts elsewhere in the UK need to be included in its inventory. Separate grants may be needed if the person was domiciled outside the UK.

What happens if there is no will?

If a person dies without a valid will, their estate passes under the rules of intestacy, and the most entitled relative applies for letters of administration rather than a grant of probate. If there is a will but no executor is able to act, a beneficiary of the will applies instead, for letters of administration with the will annexed.

The intestacy rules set a fixed order of who inherits, which may not match what the person would have wanted. In England and Wales an unmarried partner inherits nothing under these rules. They may be able to make a claim against the estate if they lived together as a couple for the two years before the death, or were financially supported by the person who died, but the claim normally has to be made within six months of the grant. Our guide to what happens if you die without a will explains who inherits and in what order, and making a will is the simplest way to avoid this for your own family.

Executor responsibilities and how to reduce your risk

Acting as an executor is a real responsibility. If you pay beneficiaries before the estate's debts and tax are settled, or pay debts in the wrong order when there isn't enough to cover everything, you can be held personally liable for what is still owed. The risk is low if you follow the process.

• Advertise for creditors: in England and Wales, publish a deceased estates notice for creditors in The Gazette, and in a local newspaper if the estate includes property or land, and allow at least two months for claims before you distribute anything. You still need to make the usual searches for debts.
• Keep records: note every valuation, payment and decision, so you can show how the estate was handled if a beneficiary or creditor asks.
• Get help with complex estates: a business, overseas assets, trusts or a likely dispute are all good reasons to use a solicitor or probate specialist.

Up to four executors can be named on the grant. An executor who doesn't want to act can give up the role permanently by renouncing. Where the will names more than one executor, an executor can instead step back and keep the right to apply later, which is known as power reserved.

Should you deal with probate yourself or use a professional?

Many people handle a simple estate themselves, but the right choice depends on the estate and on you. Things to weigh up:

• How complex the estate is: a valid will, one property and clear beneficiaries are far easier to manage than a business, trusts or overseas assets.
• Time: tax and creditor notices come with deadlines, so if you're short on time, professional help keeps things moving.
• Family disagreements: if beneficiaries disagree or the will may be challenged, a solicitor can run the process at arm's length.
• The value of the estate: mistakes cost more on larger estates, which can make professional fees worth paying even when the estate is straightforward.
• Confidence with forms: probate involves detailed forms and valuations, which suit some people more than others.
• How many executors there are: executors usually need to act together, which takes more coordination if they live apart or disagree.

If some of these apply, getting quotes from probate specialists lets you compare fixed fees and exactly what each service covers before you decide.