What is Probate?
Probate, known as confirmation in Scotland, is both the legal permission needed to carry out the wishes set out in a will and the process of managing someone’s estate after they pass away.
- The permission needed to carry out the wishes in a will
- The process of managing someone’s estate after they pass away
It includes applying for a grant of probate, paying any debts the deceased had, and distributing their assets as requested in their will.
The executor of the will is the person who administers probate. Usually, the deceased will name in their will who they want the executor to be.
How to start probate
The first step is generally to obtain a grant of probate. This gives the executor the legal authority to begin administering the deceased person’s estate, including handling their belongings and money and distributing them as set out in the will.
Applying for a grant of probate is usually essential. There are only a few situations where probate may not be necessary, for example:
- The estate is worth less than £10,000
- The deceased owned everything jointly with someone else, so ownership passes automatically to the surviving owner
- There is no will, although the process of distributing the estate is similar
To be sure they can administer the estate without applying for a grant of probate, the executor should write to each institution, such as banks, and provide a copy of the death certificate.
How long does probate take?
Obtaining a grant of probate usually takes 4 to 8 weeks. You should then expect the full probate process to take around a year. It may take longer if:
- The estate is particularly large
- The will is complex
- A dispute arises
- The estate contains assets abroad
How to apply for probate
You can only apply for probate if you are named as the executor in the person’s will. You can either apply for probate yourself or hire a solicitor to do it on your behalf.
There are a number of steps you will need to take in order to apply for probate.
1. Register the death
This needs to be done within 5 days. It is recommended that you buy several extra copies of the death certificate at this point, as you will need them throughout the process.
2. Value the estate
You will need to establish the deceased’s assets and debts, which can be more straightforward in some cases than others. You may need to contact:
- Any banks the deceased had accounts with
- Lenders the deceased had loans with, including mortgage providers
- Fund managers or stockbrokers
- Pension providers
- The Department for Work and Pensions
- The relevant local authority in case there is outstanding council tax
- HMRC in case there is outstanding tax
You can use the government’s Tell Us Once service, which lets you report the death of your loved one to most government organisations in one go. When you register the death, you will be told whether this service is available in your area. If it is, the registrar will provide you with a phone number and a unique reference number.
Be sure to check which organisations will be notified, as there may still be some you need to contact yourself.
Each time you inform a financial institution that the deceased had an account with, you will usually need to send them a certified copy of the death certificate. This is why it is important to buy extra copies.
Once this has been done, the deceased person’s assets will usually be inaccessible until a grant of probate has been obtained.
If the estate includes property, you will need to have it valued. You can estimate the value by looking at similar homes in the same area, but if your estimate puts the estate close to or above the inheritance tax threshold of £325,000, it is wise to get a written valuation from a chartered surveyor.
If there are any other significant assets, such as artwork or collections, it is also sensible to have them professionally valued.
3. Fill out inheritance tax forms
You will need to complete an inheritance tax form whether or not inheritance tax is due, and this must be done before you apply for probate.
As a general rule, if the estate is worth less than £325,000 there should not be any inheritance tax to pay, and you will usually need to complete form IHT205. If inheritance tax is due, you will usually need to complete form IHT400.
You will need to provide the inheritance tax reference and the value of the estate, as well as upload a copy of the death certificate. You will also need details of any cash gifts made by the deceased within seven years of their death, as these may be taxable.
Read more about inheritance tax on gifts made before the person died.
You can also read more about valuing an estate for inheritance tax and paying inheritance tax online.
4. File probate applications
The fourth step is applying for probate. You can apply for probate online or by post.
You will need to complete form PA1P if the person left a will, and form PA1A if they did not.
You will also need to confirm that the details you have provided are correct by signing a statement of truth. This is a declaration that the facts stated in the document are true.
5. Pay probate fees
Applying for probate is free for estates under £5,000. For estates worth more than that, the application costs:
- £215 in England and Wales, or £155 if you apply through a solicitor
- £200 in Scotland
- £220 in Northern Ireland
It is worth paying for several extra copies of the grant of probate. If you order them when you first apply, they cost £1.50 per copy, but they cost more if you order them later. It is common to order at least five extra copies.
6. Pay inheritance tax
If inheritance tax is due, it must usually be paid in advance. As long as the deceased person has funds available, this can often be paid from one of their accounts by providing the bank with an IHT423 form.
Where a large proportion of the estate is made up of property or shares, HMRC may allow inheritance tax to be paid in instalments, although at least 10% will usually need to be paid upfront.
Once this has been done, probate can be granted and the executor can begin distributing the person’s assets.
7. Release a death notice
Although it is not an official step in the probate application process, it is usually advisable to place a deceased estate notice in The Gazette once probate has been granted. This gives any unknown creditors the opportunity to come forward before the estate is distributed. Without doing this, you could potentially be held personally responsible for outstanding debts.
What if probate is contested?
There are several reasons why probate might be contested.
Granting probate can be delayed or prevented if someone known to the deceased enters a caveat. This may happen if, for example, there are concerns about the validity of the will.
Anyone entering a caveat must state their reason within eight days. If they do not, the caveat will be removed.
If they do give a reason, the court will decide who probate should be granted to. It is also possible to contest a will after probate has been granted, although the process is usually more complex. For more information, see our guide to the timeline for contesting a will.
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