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Probate is the legal right to deal with someone鈥檚 property, money and possessions (their 鈥榚state鈥�) when they die.

You should not make any financial plans or put property on the market until you鈥檝e got probate.

There are different and .

How to get probate

You need to apply to get probate. Before applying, you must check:

• that probate is needed
• that you鈥檙e eligible to apply
• whether there鈥檚 Inheritance Tax to pay

Check if probate is needed

Contact the financial organisations the person who died used (for example, their bank and mortgage company) to find out if you鈥檒l need probate to get access to their assets. Every organisation has its own rules.

You may not need probate if the person who died:

• only had savings
• owned shares or money with others - this automatically passes to the surviving owners unless they鈥檝e agreed otherwise
• owned land or property as 鈥�joint tenants鈥� with others - this automatically passes to the surviving owners

Check if you can apply for probate

Only certain people can apply for probate. Who can apply depends on whether or not there鈥檚 a will.

If there鈥檚 a will, executors named in it can apply.

If there鈥檚 not a will, the closest living relative can apply.

Value the estate and work out Inheritance Tax

Before applying for probate, you must find out if you need to pay Inheritance Tax.

To do this, you need to estimate the value of the estate of the person who died. Even if there鈥檚 no tax to pay, you鈥檒l need the value as part of your probate application.

Apply for probate

You can apply for probate online or by post after you鈥檝e valued the estate.

Get help and advice

If you鈥檝e not applied yet and have a question about applying for probate, contact the Courts and Tribunals Service Centre.

Stopping a probate application made by someone else

You can challenge an application for probate (鈥榚nter a caveat鈥�), before it鈥檚 granted. For example, if there鈥檚 a dispute about who can apply for probate or whether there鈥檚 a will.

You can apply for probate if you鈥檙e named as an executor in either the will or an update to it (known as a 鈥榗odicil鈥�).

The person who died will normally have told you if you鈥檙e an executor.

You鈥檒l only inherit assets (for example, money or property) if you鈥檙e also named as a beneficiary in the will.

Find the original will

You鈥檒l need to send the original will with your probate application - you cannot use a photocopy. The probate registry will keep the will and it鈥檒l become a public record.

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

• at their house
• with a probate practitioner, such as a solicitor
• at the - you鈥檒l need the death certificate and evidence you鈥檙e the executor

If there鈥檚 more than one will, send in the most recent one. Do not destroy any copies of earlier wills until you鈥檝e received probate.

If the original will is lost, you may be able to apply for probate with form PA13.

If there鈥檚 more than one executor

If more than one person is named as an executor, you must all agree who makes the application for probate.

Up to 4 executors can be named on the application.

If only one executor is named on the application they鈥檒l need to prove that they tried to contact all executors named in the will before they applied.

If you鈥檙e having problems finding the other executors, you can contact the Probate Call Centre.

If you do not want to be an executor

You can give up your right to apply for probate or appoint someone else to apply for you.

Keep the right to apply later

If more than one executor is named in the will, you can choose not to apply now but reserve the right to apply later. This is known as holding 鈥榩ower reserved鈥�.

Tell the person who鈥檚 making the probate application that you鈥檙e holding power reserved. You need to do this in writing.

Give up your right to apply

Fill in form PA15 to give up your right to apply permanently. This is known as 鈥榬enunciation鈥�.

Appoint someone to apply on your behalf

You can appoint someone to apply for you if either:

• you鈥檙e the only executor named in the will
• there are other executors named in the will, but all of them are either holding 鈥榩ower reserved鈥� or have given up their right to apply permanently

Fill in form PA11 to appoint someone to apply for you.

Alternatively, you can appoint an attorney to apply for you using a signed enduring power of attorney (EPA) or a registered lasting power of attorney (LPA).

If an executor is unable to apply

Check who can apply for probate if an executor has died or is unable to apply because they have a mental health condition or impairment.

Read the will to check whether:

• the executor has a named substitute
• the conditions have been met for the substitution to take place

The substitute can then apply along with any other executors.

If there鈥檚 no substitute but there are other executors who can apply, the other executors can apply straight away.

If there are no other executors and no substitute

Another 鈥榚ntitled鈥� person will need to apply. If the executor died, this is any beneficiary of the will who wants to apply.

If the executor has a mental health condition or impairment, one of the following can apply:

• the executor鈥檚 court appointed deputy
• someone with power of attorney for the executor, if there鈥檚 no deputy
• a beneficiary of the will, if there鈥檚 no deputy or anyone with power of attorney

Get legal advice if you鈥檙e unsure who can apply.

If the person did not leave a will, the most 鈥榚ntitled鈥� person can apply to become the administrator of the estate.

This is the closest living relative - normally the husband, wife or civil partner (including if you were separated) followed by any children 18 or over (including legally adopted children but not step-children).

Use the inheritance calculator to work out who the closest relative is if there鈥檚 no husband, wife, civil partner or children.

You cannot apply if you鈥檙e the partner of the person but were not their husband, wife or civil partner when they died.

Contact the Probate Call Centre if you need more help to work out who can administer the estate.

The law decides who鈥檒l inherit assets (for example, money or property) if there鈥檚 no will. Use the inheritance calculator to work out who鈥檒l inherit.

If you do not want to apply

If you鈥檙e the most entitled person but you do not want to administer the estate, you can either appoint someone else to do it or permanently give up your right to administer the estate.

Appoint someone to administer the estate on your behalf

Fill in form PA12 to allow up to 4 people to have 鈥榩ower of attorney鈥�. This means they can apply for probate on your behalf and administer the estate for you. You can still apply for probate yourself later if you want to take back power of attorney.

You can also appoint someone using a registered lasting power of attorney (LPA) or signed enduring power of attorney (EPA).

Give up your right to administer the estate

If the person who died has children and you鈥檙e their husband, wife or civil partner, fill in form PA16. After that:

• if all of the children are aged 18 or over, at least one of them will need to apply to become the administrator
• if some or all of the children are aged under 18, other people will need to apply - to find out who will need to apply

In all other situations, speak to a probate practitioner (such as a solicitor) instead. .

Before applying for probate you鈥檒l need to complete the following steps.

1. Check that probate is needed and that you can apply.

2. Estimate the estate鈥檚 value for Inheritance Tax. Even if there鈥檚 no tax to pay, you鈥檒l need the value as part of your probate application.

3. Find out whether you need to report the full details of the estate to HM Revenue and Customs (HMRC). If you do not have to send full details it is called an 鈥榚xcepted estate鈥�.

4. If you need to pay Inheritance Tax, start making payments. HMRC will send you a letter with a code you must use to apply for probate. You can apply for probate straight away if it鈥檚 an excepted estate.

If more than one person is applying

The group of applicants choose one person to be the lead applicant. They will manage the probate application for all the applicants.

Each applicant must give the lead applicant their email address and mobile phone number. Everyone applying must have access to the internet.

Once the lead applicant signs the legal declaration, the other applicants will get:

• an email with a link to the legal declaration
• a text message with the access code to sign the declaration

The lead applicant cannot continue with the probate application until everyone signs the legal declaration.

The Courts and Tribunals Service can only discuss the application details with the applicants named in it.

Valuing an 鈥榚xcepted estate鈥� for probate

You鈥檒l need to report estimates of the estate鈥檚 value as part of your probate application.

Use the online Inheritance Tax (IHT) checker to estimate the estate鈥檚 value. This will give you 3 of the 5 values you鈥檒l need for your probate application:

• gross estate value for IHT
• net estate value for IHT
• net qualifying value for IHT

Use these values to work out the other 2 values you鈥檒l need:

• gross value for probate
• net value for probate

How to work out the gross value for probate

Work out the gross value of the estate for Inheritance Tax and then subtract the value of all of the following:

• assets that were owned with someone else (鈥榡oint assets鈥�) and that are being passed to the surviving owner
• gifts that were made in the 7 years before they died
• assets that were owned abroad (for example, overseas property or money in foreign bank accounts)
• assets held in a trust

How to work out the net value for probate

Subtract the value of any debts the person who died owed and the cost of the funeral from the gross value for probate.

Do not include debts that were owed jointly with someone else, for example, a mortgage on a joint property.

Get help

If you鈥檙e not sure whether to include something in the valuation, you can read the guidance on what counts as a gift.

If you need to report the full details of the estate to HMRC

Fill in and send form IHT400. You鈥檒l get a letter within 20 working days which you鈥檒l need before you can apply for probate.

You normally have to pay at least some of the tax before you鈥檒l get probate. You can claim the tax back from the estate, if you pay it out of your own bank account.

What you鈥檒l need to apply

You鈥檒l need the death certificate or an interim death certificate from the coroner. You鈥檒l also need the original will, if there is one.

You may have to pay a fee to apply for probate. Whether you need to pay depends on the value of the estate.

If the value of the estate is over 拢5,000, the application fee is 拢300.

There鈥檚 no fee if the estate is 拢5,000 or less.

You can order extra copies of the probate document for 拢1.50 each. This means you can send them to different organisations at the same time.

If probate has already been granted, it costs 拢20 to make a second application. For example, if you want to apply as an executor after holding 鈥榩ower reserved鈥� on the first application. You鈥檒l have to pay the fee even if the value of the estate is 拢5,000 or less.

Get help with fees

You may be able to get help to pay the probate fee and other court fees if you have a low income or are on certain benefits.

You can apply for help with fees online or fill in form EX160 before applying for probate.

After you apply for help online

Send your online help with fees reference number:

• with form PA1P or PA1A if you鈥檙e applying for probate by post (the address is on the form)
• with your supporting documents, such as the will, if you鈥檙e applying for probate online (you鈥檒l be told the address in your application)
• by email to the help with fees team, if you鈥檙e applying for probate by post or online - put 鈥楬WF/[full name of person who died]/[date of death]/probate application鈥� in the email subject line

If you apply using form EX160

Fill in form EX160 and send it by:

• post to the - include a note to say you鈥檙e applying for probate
• email to the help with fees team - put 鈥楬WF/[full name of person who died]/[date of death]/probate application鈥� in the email subject line

You can apply for probate yourself online or by post. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you.

for information on hiring a legal professional.

This guide and the service are also available in Welsh (Cymraeg).

Apply for probate online

You must have estimated the value of the estate to find out if there鈥檚 Inheritance Tax to pay before you can apply for probate.

If you鈥檝e reported the full estate to HM Revenue and Customs (HMRC), before applying you must:

• start paying Inheritance Tax, if there is any
• wait for HMRC to send you a letter with a code before you apply

Return to your application

to:

• continue an existing online application
• see completed applications

Check how to track the progress of your application.

If you need help applying online

Who you contact depends on the type of help you need.

If you鈥檙e having technical issues or need guidance about how to apply

If you do not have access to the internet or do not feel confident using it

Apply for probate by post

The form you need to fill in depends on whether the person left a will or not.

If there鈥檚 a will, fill in application form PA1P.

If there鈥檚 not a will, fill in application form PA1A.

If you鈥檝e reported the full estate to HMRC, before applying you must:

• start paying Inheritance Tax, if there is any
• wait for HMRC to send you a letter with a code before you apply

Check how to track the progress of your application.

Your application will be reviewed by the Probate Service.

Track your application

If you applied online, to track your application.

If you applied by post, you should receive a letter or email within 12 weeks. If you do not, you can contact the Courts and Tribunals Service Centre.

If your application is approved

The will and any additions to it (鈥榗odicils鈥�) will be kept by the probate registry and become a public record. If you sent in the death certificate, it will be returned to you.

What you鈥檒l get

You鈥檒l get a document that allows you to start dealing with the estate. This will be one of the following:

• a 鈥榞rant of probate鈥� - if the person left a will
• 鈥榣etters of administration with will annexed鈥� - if the will does not name an executor or the named executor cannot apply
• 鈥榣etters of administration鈥� - if the person did not leave a will

You鈥檒l usually get the grant of probate or letters of administration within 12 weeks of submitting your application. It can take longer if you need to provide additional information.

If you ordered copies of your probate document for use outside the UK, these will take longer to arrive than your UK copy.

If there鈥檚 anything wrong with the probate document, return it to the district probate registry listed on the grant or letters.

What happens next

Once you have the grant of probate (or letters of administration) you can start dealing with the estate.

Send copies of the probate document to organisations that hold the assets of the person who died, for example their bank.