How to Apply for Probate in England and Wales

Almost every person who dies in England or Wales leaves possessions behind. Probate law protects their interests, and seeks to allocate those resources as they would have wished. If you are a close relative or beneficiary you may like to help in these circumstances. Your first step is to apply for probate in England or Wales.

Apply for Probate in England and Wales 1st Principles

A probate is a legal right to administer a deceased person’s property, money and possessions being their estate. You have to apply for probate in England and Wales to obtain it, but your first step is to decide whether you need the authority. The simplest way to explain this is to define the circumstances when you don’t.

You don’t need to apply for probate if the deceased only had savings, or jointly owned land, property, shares or money. That’s because the latter will pass automatically to the survivors. However, you do need to value the estate to know whether inheritance tax is due.

What Happens if the Deceased Left a Will?

If the deceased left a will this may empower you to apply for probate in England or Wales. However, their will would need to list you as beneficiary before you had any other entitlement. You must send the original version of the current will with your application. The probate registry will retain it as a public record.

Your first step is to find the original will, and any previous copies which you should keep safely.  If there are several executors you will need to nominate one of you to apply for probate. You don’t have to take up the opportunity, but you could be wise to reserve your rights.

The Law of Stirpes Where Each Branch of the Family Receives an Equal Share (PseudoNym BY CC 3.0)

Can I Apply for Probate in England if There Is No will?

You may still do so, provided you are the closest living relative in terms of the laws of succession. But this excludes partners unless they are the legal wife, husband, or civil partner. However, if you do not wish to administer the estate you may nominate the next closest relative (s) to a maximum two people.

Things to Do First Before You Apply

1… Contact local banks and utility providers to find out more about the deceased’s assets and liabilities.

2… Estimate the value of the estate as best you can to determine any inheritance tax that may apply.

3… Report the full value of the estate to HM Revenue and Customs if inheritance tax may be due.

4… Pay the inheritance tax within 6 months of the deceased’s passing, or negotiate installments.

However, either way you will normally have to make at least a part-payment before lodging a valid probate application.

But You May Still Have to Pay a Probate Fee

The British government will not accept your application for probate unless you pay a fee. However, your application will be exempt if the total estate value is less than £5,000. Beyond that point there’s a fixed rate of £273. It may be worthwhile paying an additional £1.50 each for additional copies.

There are two ways to apply for probate in England or Wales:

1… Apply online, complete a virtual form and pay the probate fee.

2… Print and complete form EX160. Post it and pay the fee when requested.

Applying for Probate in England and Wales

Probate application processing slowed considerably during the pandemic, and can take a long as 2 months. It follows you should not delay applying unnecessarily.

1… However, if you apply for probate online and there’s inheritance tax due, you should wait 20 working days after sending the tax forms to HM Revenue and Customs before applying.

2… If you apply for probate by post you have a choice of two procedures. If the deceased left a will, complete form PA1P. However, if they did not you have to use form PA1A.

After National Probate Approves Your Application

National probate office will return the death certificate to you, but retain the original will, if one exists. You will also receive one of the following 3 authorities:

1… If the deceased left a will naming you executor a ‘Grant of Probate’.

2… If the will did not nominate an executor, ‘Letters of Administration with Will Annexed’.

3… However, if the person did not leave a will al all, simply ‘Letters of Administration’.

Any one of these three documents will grant you power to deal with the estate and wind it up.

Get Professional Help to Value an Estate

Avery Associates offers a probate valuation service throughout the South of England and Wales. This includes house contents and RICS probate property valuations. Many executors and solicitors appreciate the way we relieve them of these administrative burdens, especially when they have other pressing matters requiring their attention. Read Avery Associates reviews here.

Recent Client Review

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