Applying for probate
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1. What is probate
Probate is the legal right to deal with someone바카라 사이트™s property, money and possessions (their 바카라 사이트˜estate바카라 사이트™) when they die.
You should not make any financial plans or put property on the market until you바카라 사이트™ve got probate.
This guide and the service are also available in Welsh (Cymraeg).
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 you바카라 사이트™re eligible to apply
- whether there바카라 사이트™s 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 you바카라 사이트™ll 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 they바카라 사이트™ve agreed otherwise
- owned land or property as 바카라 사이트˜joint tenants바카라 사이트™ 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 there바카라 사이트™s a will.
If there바카라 사이트™s a will, executors named in it can apply.
If there바카라 사이트™s 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 there바카라 사이트™s no tax to pay, you바카라 사이트™ll need the value as part of your probate application.
Apply for probate
You can apply for probate online or by post after you바카라 사이트™ve valued the estate.
Get help and advice
If you바카라 사이트™ve not applied yet and have a question about applying for probate, contact the Courts and Tribunals Service Centre.
Courts and Tribunals Service Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Email: contactprobate@justice.gov.uk
Stopping a probate application made by someone else
You can challenge an application for probate (바카라 사이트˜enter a caveat바카라 사이트™), before it바카라 사이트™s granted. For example, if there바카라 사이트™s a dispute about who can apply for probate or whether there바카라 사이트™s a will.
2. If there바카라 사이트™s a will
You can apply for probate if you바카라 사이트™re named as an executor in either the will or an update to it (known as a 바카라 사이트˜codicil바카라 사이트™).
The person who died will normally have told you if you바카라 사이트™re an executor.
You바카라 사이트™ll only inherit assets (for example, money or property) if you바카라 사이트™re also named as a beneficiary in the will.
Before you apply for probate, you need to estimate the value of the estate of the person who died. You바카라 사이트™ll need this estimate when you apply.
Find the original will
You바카라 사이트™ll need to send the original will with your probate application - you cannot use a photocopy. The probate registry will keep the will and it바카라 사이트™ll 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 - you바카라 사이트™ll need the death certificate and evidence you바카라 사이트™re the executor
Get help from or a if you cannot understand a will.
If there바카라 사이트™s more than one will, send in the most recent one. Do not destroy any copies of earlier wills until you바카라 사이트™ve received probate.
If the original will is lost, you may be able to apply for probate with form PA13.
If there바카라 사이트™s 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 they바카라 사이트™ll need to prove that they tried to contact all executors named in the will before they applied.
If you바카라 사이트™re having problems finding the other executors, you can contact the Probate Call Centre.
Probate Call Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Email: contactprobate@justice.gov.uk
The Probate Call Centre cannot help with disagreements between executors. You바카라 사이트™ll need to find another way to reach an agreement - this could mean getting legal advice.
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 바카라 사이트˜power reserved바카라 사이트™.
Tell the person who바카라 사이트™s making the probate application that you바카라 사이트™re 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 바카라 사이트˜renunciation바카라 사이트™.
Appoint someone to apply on your behalf
You can appoint someone to apply for you if either:
- you바카라 사이트™re the only executor named in the will
- there are other executors named in the will, but all of them are either holding 바카라 사이트˜power reserved바카라 사이트™ 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.
If the executor cannot apply because they have a mental health condition or impairment, you will need to get a medical professional, like a doctor, to fill in form PA14 before anyone applies.
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 there바카라 사이트™s 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 바카라 사이트˜entitled바카라 사이트™ 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 executor바카라 사이트™s court appointed deputy
- someone with power of attorney for the executor, if there바카라 사이트™s no deputy
- a beneficiary of the will, if there바카라 사이트™s no deputy or anyone with power of attorney
Get legal advice if you바카라 사이트™re unsure who can apply.
3. If there is not a will
If the person did not leave a will, the most 바카라 사이트˜entitled바카라 사이트™ 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 checker to work out who the closest relative is if there바카라 사이트™s no husband, wife, civil partner or children.
You cannot apply if you바카라 사이트™re 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.
Probate Call Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Email: contactprobate@justice.gov.uk
The law decides who바카라 사이트™ll inherit assets (for example, money or property) if there바카라 사이트™s no will. Use the inheritance checker to work out who바카라 사이트™ll inherit.
Before you apply for probate, you need to estimate the value of the estate of the person who died. You바카라 사이트™ll need this estimate when you apply.
If you do not want to apply
If you바카라 사이트™re 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 바카라 사이트˜power of attorney바카라 사이트™. 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 you바카라 사이트™re 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. .
4. Before you apply
Before applying for probate you바카라 사이트™ll need to complete the following steps.
-
Check that probate is needed and that you can apply.
-
Estimate the estate바카라 사이트™s value for Inheritance Tax. Even if there바카라 사이트™s no tax to pay, you바카라 사이트™ll need the value as part of your probate application.
-
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 바카라 사이트˜excepted estate바카라 사이트™.
-
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 it바카라 사이트™s 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 바카라 사이트˜excepted estate바카라 사이트™ for probate
You바카라 사이트™ll need to report estimates of the estate바카라 사이트™s value as part of your probate application.
Use the online Inheritance Tax (IHT) checker to estimate the estate바카라 사이트™s value. This will give you 3 of the 5 values you바카라 사이트™ll 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 you바카라 사이트™ll 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 (바카라 사이트˜joint assets바카라 사이트™) 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 you바카라 사이트™re 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. You바카라 사이트™ll get a letter within 20 working days which you바카라 사이트™ll need before you can apply for probate.
You normally have to pay at least some of the tax before you바카라 사이트™ll get probate. You can claim the tax back from the estate, if you pay it out of your own bank account.
What you바카라 사이트™ll need to apply
You바카라 사이트™ll need the death certificate or an interim death certificate from the coroner. You바카라 사이트™ll also need the original will, if there is one.
5. Fees
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 £5,000, the application fee is £300.
There바카라 사이트™s no fee if the estate is £5,000 or less.
You can order extra copies of the probate document for £1.50 each. This means you can send them to different organisations at the same time.
If probate has already been granted, it costs £21 to make a second application. For example, if you want to apply as an executor after holding 바카라 사이트˜power reserved바카라 사이트™ on the first application. You바카라 사이트™ll have to pay the fee even if the value of the estate is £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.
If you apply for probate online, you바카라 사이트™ll have to pay the full probate fee when you apply. You바카라 사이트™ll get a refund later if your application for help with fees is successful.
After you apply for help online
Send your online help with fees reference number:
- with form PA1P or PA1A if you바카라 사이트™re applying for probate by post (the address is on the form)
- with your supporting documents, such as the will, if you바카라 사이트™re applying for probate online (you바카라 사이트™ll be told the address in your application)
- by email to the help with fees team, if you바카라 사이트™re applying for probate by post or online - put 바카라 사이트˜HWF/[full name of person who died]/[date of death]/probate application바카라 사이트™ in the email subject line
Probate help with fees team
probatehelpwithfees@justice.gov.uk
If you apply using form EX160
Fill in form EX160 and send it by:
- post to the - include a note to say you바카라 사이트™re applying for probate
- email to the help with fees team - put 바카라 사이트˜HWF/[full name of person who died]/[date of death]/probate application바카라 사이트™ in the email subject line
Probate help with fees team
probatehelpwithfees@justice.gov.uk
6. Apply for probate
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.
You바카라 사이트™ll usually get probate within 12 weeks of submitting your application. It can take longer if you need to provide additional information.
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 there바카라 사이트™s Inheritance Tax to pay before you can apply for probate.
If you바카라 사이트™ve 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 you바카라 사이트™re having technical issues or need guidance about how to apply
Courts and Tribunals Service Centre
contactprobate@justice.gov.uk
Telephone: 0300 303 0648Â
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call chargesÂ
If you do not have access to the internet or do not feel confident using it
We Are Group
support@wearegroup.com
Telephone: 03300 160 051
Monday to Friday, 9am to 5pm
Closed on bank holidays
Text FORM to 60777 and someone will call you back
Find out about call charges
Apply for probate by post
The form you need to fill in depends on whether the person left a will or not.
If there바카라 사이트™s a will, fill in application form PA1P.
If there바카라 사이트™s not a will, fill in application form PA1A.
If you바카라 사이트™ve 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
It takes longer to process paper applications than online applications. Apply online if you can.
7. After you've applied
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.
Courts and Tribunals Service Centre
contactprobate@justice.gov.uk
Telephone: 0300 303 0648Â
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call chargesÂ
If your application is approved
The will and any additions to it (바카라 사이트˜codicils바카라 사이트™) 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 you바카라 사이트™ll get
You바카라 사이트™ll get a document that allows you to start dealing with the estate. This will be one of the following:
- a 바카라 사이트˜grant of probate바카라 사이트™ - if the person left a will
- 바카라 사이트˜letters of administration with will annexed바카라 사이트™ - if the will does not name an executor or the named executor cannot apply
- 바카라 사이트˜letters of administration바카라 사이트™ - if the person did not leave a will
You바카라 사이트™ll 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 there바카라 사이트™s 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.