Applying for Probate: Check If You Need It and Who Can Apply

Before You Apply

Before applying for probate, you must check that you’re eligible to apply. Only certain people can apply for probate. You must also find out if you need to pay Inheritance Tax. You cannot apply for probate until you have done this.

Checking Eligibility and Requirements

How do I check if I need to apply for probate?

You can check if you need to apply for probate.

Who can apply for probate?

Only certain people can apply for probate. For example, if there’s a dispute about who can apply for probate or whether there’s a will, someone may challenge an application for probate.

What if my partner served in HM Forces?

If your partner who died served as a member of HM Forces, there may be specific considerations. You can find more information about funeral expenses and UK IHT.

Do I need to pay Inheritance Tax before applying?

Before applying for probate, you must find out if you need to pay Inheritance Tax. You cannot apply for probate until you have done this. For more details on Inheritance Tax, see common mistakes when reporting overseas assets for UK IHT.