Applying for Probate

When somebody dies, the task of dealing with any belongings left behind is usually left in the hands of a trusted family member or friend, and that person could be you. However, to be granted the legal right to distribute the estate left by a deceased person according to their will, you are required to apply for probate first.

The vast majority of cases are not overly complicated, meaning expert assistance isn’t always necessary - especially if the deceased had planned ahead with a legally valid last will and testament. 

In this guide, we’ll reveal all you need to know about applying for probate and how you can make the procedure both cheaper and easier.

What is probate?

In the UK, probate defines the process of applying for a ‘grant of representation’, which allows you (as the executor) to take charge of the estate that belongs to somebody who has recently passed away. In the eyes of the law, probate proves that the will is legally valid and grants your authority over the deceased’s possessions, allowing you to distribute the assets amongst their loved ones in line with the wishes stated in their will.

There are typically 2 forms of representation, each of which is necessary in different situations.

A ‘grant of probate’ is given to somebody that has been appointed as an executor in the last will and testament of the deceased.

A ‘grant of letters of administration’, on the other hand, is given to the deceased’s next of kin when no will can be identified.

Both of these terms are generally referred to as ‘applying for probate’. Once approved, the individual who has applied will then be given the responsibility of:

  • Paying any outstanding bills

  • Identifying and gathering assets (including any savings or investments)

  • Distributing any remaining assets in accordance with the will

Note: While the term ‘probate’ is used in England, Northern Ireland and Wales, the process is referred to as ‘confirmation’ in Scotland.

How does a will work after death?

Once somebody passes away, their will becomes a public document. This means that if it is being held securely by a care home, hospital, bank or any other establishment, the executor(s) of the will can request that it be released.

The executor is usually a family member or close friend, but in some cases, the testator (the person who wrote the will) may have given executory powers to a solicitor or bank – these specialists will charge, however, and will likely take a share of the estate’s total value.

Once probate has been granted, the will can be seen by anybody who pays a small fee to the Probate Registry.

How to apply for grant of probate

There are 2 ways in which somebody can apply for probate in the UK; either by doing it themselves or by using a specialist.

Getting probate yourself will almost always be a much cheaper option and is not as complicated as it might sound. Using a specialist can cost thousands of pounds – in all cases, your decision should be based purely on your individual preference.

Getting probate yourself

One of the main benefits of applying for probate yourself is that it is typically much cheaper than using a specialist, yet doesn’t involve too much hassle. The only time that getting probate yourself can become difficult is when the estate is worth a considerable amount of money, or if you believe that the distribution of assets might become complicated.

After applying for probate yourself, you will still be able to pay a much smaller fee for the services of a solicitor, who can look over the probate application form to ensure that everything is in place.

Getting probate makes you legally responsible for the deceased’s entire estate, including any debts (such as an outstanding mortgage or credit card bill) and taxes (such as Inheritance Tax). These must all be settled before the remaining assets are distributed.

You can apply for probate online and are not required to print off any probate forms if:

  • You are a named executor on the will

  • You have the original will

  • You have the original/interim death certificate

  • The value of the estate has already been reported

If the application is accepted, some further documents will be required. Most of these can be sent to the Probate Registry electronically, but the original will must be sent in the post.

Using a specialist

The period following the death of a loved one can be particularly upsetting, which is why many people opt to pay a specialist to apply for probate.

Another reason for using a specialist is if the finances involved are significant or the distribution of the estate is likely to prove difficult. 

You may also wish to use a probate specialist if:

  • There is no will in place

  • The Will deliberately leaves people out and you know they may want to dispute it

  • The estate is bankrupt

  • The deceased lived outside of the UK

  • The estate has assets held ‘in trust’ (such as a life insurance policy)

Do I need probate?

Before considering how you want to go about applying for probate, it is worth noting that there are some scenarios that don’t require it at all.

These include:

  • Joint estates – the contents of a joint asset (e.g. a bank account) are usually passed straight to the surviving partner.

  • Absence of land, property or shares – probate isn’t always necessary if there is no land, property or shares included in the value of the estate.

  • Bank limits – all banks have a set limit of how much money can be withdrawn from an account without a grant of probate, sometimes up to £50,000.

How much does applying for probate cost?

Probate fees can vary depending on the value of the estate, but you will always need to pay a probate application fee and some (if not all) of the Inheritance Tax (IHT) owed.

In England, Scotland and Wales, there is a £215 application fee (£155 if made by a solicitor) when an estate is valued at more than £5,000. Estates valued at less than this are not subject to an application fee.

In Northern Ireland, estates valued at more than £10,000 are subject to a probate application fee of £250. No fee applies to estates worth below £10,000.

How long does probate take?

The time taken to grant probate can vary but usually takes at least around 9 to 12 months.

This waiting period can be significantly longer if there are complications in administering the estate (for example, if a property needs to be sold or there are disputes).

Having a last will and testament in place can reduce this waiting period, although the executor will still need to be given time to attain all relevant information with regards to any savings, investments or shares held, debts or taxes owed on the estate and covering the cost of a funeral.

Only after all of these hurdles are passed can the executor begin to distribute the remaining assets.

What happens if a will cannot be found?

People die unexpectedly, sometimes before they’ve had the chance to tell their nearest and dearest about their final wishes.

If you are unable to locate the will of a loved one, start by checking the following places:

  • Care homes/hospitals – hospital or care home patients will sometimes store their will securely on-site.

  • Banks – many banks offer secure storage for wills and other important documents

  • Solicitors – if you know that the will was put together by a solicitor, contact the Solicitors Regulation Authority (SRA) who may be able to locate it for you.

If, after checking all possible locations, you still can’t find the will, the deceased’s estate will be dealt with as if there was never a will in place (known as dying intestate).

Professional Will writing with Quick Wills

Here at Quick Wills, our team of legal experts strive to offer the very best will writing services, making sure that families, friends and other loved ones are not left to deal with the complications that come with dying intestate.