Step-by-Step Guide to the Probate Process

Probate is the process of obtaining the necessary legal authority to distribute the property, possessions and money (the estate) as laid out in someone’s will.

It is normally carried out by the “executor” named in the will. Once probate has been permitted following an application to the courts, the executor has obtained a “grant of probate”, or where a will hasn’t been left, “grant of letters of administration”. The process of application is the same.

In This Guide

Having obtained a grant of probate or letters of administration, a person can begin to act upon the contents of someone’s will and settle their estate. This guide will take you through the probate process step-by-step.

Applying for probate after someone’s death should not be difficult, as long as the will and estate are not too complicated.

Applying for probate

There are five main steps to obtaining the grant of probate. You can do these yourself, or enlist the help of a probate solicitor.

The five steps of the probate process are:

1. Register the death

Before applying for probate, you need to register the death. This needs to be done within five days of the death taking place. You will need to contact a registry office in order to do this – the process will be faster if you use the registry office in the area where the person died.

Some hospitals have their own registry office, so it is worth checking. When you register the death, you’ll be able to purchase certified copies of the death certificate. Death certificates are subject to Crown copyright and cannot be copied or certified elsewhere, so remember to make sure you order enough copies at this stage to avoid delays later down the line.

You will receive a certificate of registration of death – better known as the ‘death certificate’.

In the past, when someone died, you needed to contact various government organisations – such as the Department of Work & Pensions – individually in order to tell them to stop taking or making payments to the person who has died. The Tell Us Once service means you can inform most Government organisations at once. You will receive a Tell Us Once reference number when you register the death, and they will tell you the next steps.

2. Investigate the value of the estate

Before an executor can make any bequests laid out in the will, the value of the estate has to be assessed for any potential inheritance tax that may need to be paid. We have broken down for you below the key steps in valuing the estate and there is also a government tool to help you estimate the value of an estate.

Step 1: List and value possessions and assets

Make a list of all the person’s assets and possessions, and estimate their value. This includes contacting banks, building societies, insurance providers and other organisations to confirm balances and get formal valuations where needed. You’ll also need to provide HM Revenue and Customs (HMRC) with the open market value of any property at the date of death. This is the realistic price the property could have sold for at that time. It’s important not to rely on a rough “probate estimate”, as this can be inaccurate and lead to delays, penalties or tax issues later down the line. The same approach applies to other assets such as stocks and shares, liabilities, and any payments due from life insurance policies. In regards to property, you will need to get a “red book valuation” from a chartered surveyor/estate agent. For possessions you may need to get an insurance valuation for the purposes of probate where they are perceived to be valuable.
Step 2: List and value joint assets

You need to list and value any joint assets. These are assets that the deceased person shared with another person, e.g. a property bought in the name of two people. Estimate the sale value of these assets on the open market - then divide that value by two.
Step 3: List and value gifts

Gifts made in the seven years before a person's death need to be considered in the valuation of the estate because there is a rule regarding tax on gifts made within seven years of someone’s death. Monetary gifts are easy to value. Gifted possessions should be valued based on an estimate of their sale value on the open market.

Listen to our probate podcast

You may find our Age Space podcast on probate very useful if you are trying to get to grips with it all. In discussion with Age Space founder Annabel James, our resident finance guru Jason Butler clearly explains what probate is, the process, inheritance tax and what you can do to prepare for probate.

3. Organise Inheritance Tax

Working out if there is inheritance tax due, and paying it, can be complicated. There are many rules and exceptions to follow. We’ve described a brief overview below but we suggest looking through our complete guide to Inheritance Tax for a fuller overview.

Once you have an executor, they have applied for a “grant”, and you have worked out the value of the estate you need to fill out a relevant form and pay the tax owed, if there is any.

You might have to pay Inheritance Tax if the estate is valued above certain thresholds. The standard Inheritance Tax threshold (known as the nil-rate band) is currently £325,000 per person. If the value of the estate is higher, there are certain situations where more can be passed without paying tax. For example, if a home is left to children or grandchildren, there may be an additional allowance (the residence nil-rate band) of up to £175,000. Any gifts made in the seven years before death may also be taken into account. If the estate is above the available thresholds, a full Inheritance Tax account is usually required using a IHT400 form.

Guide to Inheritance Tax rates and thresholds

We have plenty more information available to you if you want to understand more about Inheritance Tax rates and thresholds.

4. File the probate application

Once you have valued the estate, you need to file the probate application (called a PA1A or PA1P form). This part of the probate process involves filling out a lot of forms.

If you want guidance while filling out the forms, you can contact the probate and Inheritance Tax helpline, who will guide you over the phone.

The probate application can be made online, or using paper forms. If you owe tax on an estate you have to wait 20 working days before applying for probate.

Applying for probate using paper forms

For a paperwork application, you can download the necessary probate forms from the gov.uk website. Once completed, you should send the forms to your local probate office.

You will need to send them:

PA4P probate application form
The death certificate
A completed Inheritance Tax form
The original will, plus three copies

Applying for probate online

In order to fill out the online application form, you will need the following available to you:

The death certificate
A completed Inheritance Tax form
The original will

5. Paying probate fees

It costs £300 to apply for probate if the value of the estate is more than £5,000. Probate is free if the value is below £5,000. It costs £1.50 for each extra copy of the probate document that you order. Having multiple copies means you can send them to different organisations at the same time, speeding up the process of settling the will.

What happens once probate is granted?

Once the grant of probate has been received, it is then possible to start the process of settling the deceased’s estate. This includes distributing payments to the appropriate beneficiaries in accordance with the terms of the will (or the rules of intestacy if there is no will).

You should also produce final estate accounts for the beneficiaries and a final tax return.

Distributing the estate when there is no will

When there is not a valid will left behind, the estate is distributed according to the rules of intestacy.

FAQs on the probate application process

How long does the probate process take?

The whole process of probate can be fairly lengthy, taking several months. If the estate is simple, then probate should be granted between one and three months after the application is submitted.

However, the process of distributing the estate afterwards can continue to take much longer after this.

How much does probate cost?

If you do not have help from a probate solicitor, the only fee that you have to pay is the £300 probate application fee. This only needs to be paid if the value of the estate is over £5,000

How can a solicitor help?

Getting help from a solicitor can be a particularly good idea if the estate is large and/or complicated. Solicitors can take on administering an entire estate on behalf of an executor or, for those clients who wish to deal with the estate administration themselves, they can provide a report of the steps required following an initial meeting with you. They can then provide advice as and when needed.

Can I apply for probate online?

Yes, you can apply for probate online.

Can multiple people apply for probate?

There are often multiple executors named in the will, which can make it confusing to know who should apply for probate. A maximum of four people can apply for a "grant of probate" on behalf of the deceased.

Who applies for probate if there is no will?

If there is no will, then technically it is not a "grant of probate" that needs to be applied for. When there is no will, the next of kin will need to apply for a "grant of letters of administration".

What to do next

If the will and estate are not too complicated, applying for probate after should not be difficult. But any legal process can still be stressful, so here are some helpful next steps to help you move forward:

Register the death. This needs to be done within five days of the death taking place.
Before anything can happen, you need to find out whether the person made a valid will, because this will give instructions about what should happen to their estate.
Investigate the value of the estate. Before an executor can make any bequests laid out in the will, the value of the estate has to be assessed for any potential inheritance tax that may need to be paid.
Once you have valued the estate, you need to file the probate application. This part of the probate process involves filling out a lot of forms. You can either apply via post or online.

Sources

This article has been written using information from trusted organisations. Their guidance helps ensure the information here is accurate and reflects current UK law and best practice.