UK probate: who can apply and what to check first

Who is legally eligible to apply for probate

Probate is the legal right to deal with someone’s property, money and possessions when they die. Only certain people can apply, and eligibility turns on whether the person left a will.

If there is a will, you can apply if you are named as an executor in the will or in an update to it known as a ‘codicil’. The person who died will normally have told you if you are an executor. Being an executor does not by itself mean you inherit assets — you only inherit if you are also named as a beneficiary in the will.

If there is no will, the closest living relative can apply. Where no executors are named, applicants must contact HMCTS Probate to confirm who is eligible to apply.

When more than one executor is named, all must agree who makes the application, and a maximum of four executors may be named on the application. If only one executor is named, that person must prove they tried to contact every executor named in the will before applying. An executor can give up the right to apply or appoint someone else, and can choose not to apply now while reserving the right to apply later — this is called holding ‘power reserved’.

If a named executor has died, any beneficiary of the will who wants to apply becomes an ‘entitled’ person who can apply. If an executor cannot apply because of a mental health condition or impairment, a medical professional must confirm this, and either a named substitute or another eligible person can apply. Reasons an executor may not apply include death before or after the person who died, power reserved, renunciation, lack of capacity, or use of an attorney.

What to check before you apply

Before applying you must check two things: that probate is actually needed, and that you are eligible to apply.

You may not need probate if the person who died only had savings, owned shares or money jointly with others (which automatically passes to surviving owners), or owned land or property as joint tenants with others (which also automatically passes). To confirm, contact the financial organisations the person used — such as their bank and mortgage company — because every organisation sets its own rules.

You also need to estimate the value of the estate, meaning the money, property and possessions of the person who died. You need this estimate when you apply, even if no tax is due. If the estate owes Inheritance Tax, you must report its value within one year using the relevant form, and you cannot apply for probate until you have done this.

If you are applying with a will, you must send the original will with your application — a photocopy is not accepted — and the probate registry will keep the will, which becomes a public record. You should not make any financial plans or put property on the market until you have got probate.

Choosing the right form: PA1P or PA1A

The form you need depends on whether the person left a will.

If there is a will, fill in application form PA1P. This applies whether you are an executor named in the will or a beneficiary applying because no executors are acting. If there is no will, fill in application form PA1A.

You can apply for probate online or by post. If you apply online you do not need to submit a paper application. Paper applications take longer to process than online applications, so apply online if you can.

On the PA1P form, the grant document will be sent to the first applicant named. Up to four people may apply, and any executors who are not applying must be named with a reason — for example death, power reserved, renunciation, or lack of capacity.

Inheritance Tax and the HMRC code

Before applying for probate you must find out whether Inheritance Tax is owed by estimating the estate’s value. If the estate owes Inheritance Tax, you will normally have to start paying it before probate is granted.

If you have reported the full estate to HMRC, before applying you must start paying Inheritance Tax and obtain a letter with a code from HMRC. To make a payment you need to get an Inheritance Tax reference number from HMRC at least three weeks before you pay. The Inheritance Tax Helpline can be reached on 0300 123 1072, and the Direct Payment Scheme (form IHT423) lets funds be transferred from the deceased’s account to HMRC.

A common cause of delay is that the Probate Service needs form IHT421 from HMRC before it can process an application, and this takes around 21 days to arrive. If the probate application reaches HMCTS before those 21 days have elapsed, it cannot be issued and will be delayed.

When the route changes

Several circumstances change which route you take.

No will: if the person did not leave a will, the closest living relative applies using form PA1A, and the document issued is ‘letters of administration’.

Will but no named executor, or the named executor cannot apply: the document issued is ‘letters of administration with will annexed’.

Foreign assets: if the person who died was based abroad, Inheritance Tax is only paid on UK assets such as property or bank accounts in the UK, and is not paid on excluded assets such as foreign currency accounts with a bank or the Post Office. Different rules apply for assets in a trust, government gilts, or visiting armed forces, and if the person had a permanent home in the UK at any time in the last three years of their life the position can differ.

Scotland and Northern Ireland have different probate rules from England and Wales. Cross-border families should also note that if their right to live in the UK depends on their relationship with the person who died, they may need to apply for a new visa.

Disputes: you can challenge an application for probate by ‘entering a caveat’ before it is granted, for example where there is a dispute about who can apply or whether a will exists.

After you apply: tracking and timelines

Your application is reviewed by the Probate Service. If you applied online, you sign in to the probate service to track progress. 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.

You will usually get the grant of probate or letters of administration within 12 weeks of submitting your application, though it can take longer if you need to provide additional information. If you ordered copies for use outside the UK, those copies take longer to arrive than your UK copy.

If there is anything wrong with the probate document, return it to the district probate registry listed on the grant or letters. Once you have the grant, you can start dealing with the estate and should send copies of the probate document to organisations that hold the deceased’s assets, such as their bank.

Help if you cannot apply online

If you are having technical issues or need guidance about how to apply, the Courts and Tribunals Service Centre can help by email at contactprobate@justice.gov.uk or by telephone on 0300 303 0648, Monday to Friday 9am to 1pm, closed on bank holidays.

If you do not have internet access or do not feel confident using it, We Are Group provides support by telephone on 03300 160 051, Monday to Friday 9am to 5pm, or by texting FORM to 60777 for a callback. The probate guide and service are also available in Welsh.

You may be able to get help with the probate fee if you have a low income or are on certain benefits, by applying for help with fees online before applying for probate. Note you cannot get help with the fee for extra copies of the probate document. Extra copies of the probate document cost £2 each when you submit your application, and £16 each if ordered afterwards; a second application after probate has been granted costs £22.

Frequently asked questions

Can a beneficiary who is not an executor apply for probate?

A beneficiary can apply only in specific cases — for example if no executor is acting, a beneficiary may apply as the ‘entitled’ person; otherwise executors named in the will have the first right to apply.

Do I need to value the estate even if no Inheritance Tax is due?

Yes. You need the estimated value of the estate as part of your probate application even if there is no tax to pay.

How long does a grant of probate take?

You will usually get the grant within 12 weeks of submitting your application, but it can take longer if additional information is needed.

What if the named executor has died?

If an executor has died, any beneficiary of the will who wants to apply becomes an ‘entitled’ person who can apply, and the reason must be stated on the form.

Is probate needed for jointly owned property?

Not necessarily. Property owned as joint tenants with others automatically passes to surviving owners, as do jointly owned shares or money, though you should confirm with each organisation.

Sources

It also uses HMCTS Probate form PA1P (Crown copyright 2024), HMRC form IHT423 (November 2024), and the Inside HMCTS blog post ‘Working together to avoid delays to probate applications’ (28 February 2022).