When a person dies in England, then the government should approve the person administering their possessions. There are two forms this authority may take to help you answer the question: must I apply for probate in England or not?
- If the deceased left a valid will, then the government issues a Grant of Probate.
- If the deceased did not leave a will, then the government issues Letters of Administration.
In either case, there are exceptions to these general principles. This article is about applying for probate, not letters of administration. So with that behind us we revisit the question: why must I apply for probate in England if I am administering a deceased estate?
Legal Constraints When Administering Probate
You can’t just dive in and administer a deceased estate as executor. You can’t sell the assets and / or share them among the heirs without legal authority to do so.
Check Whether You Need to Apply for Probate.
If the deceased estate is worth less than £5,000 pounds then you probably do not need to apply for probate in England. However, if the deceased had financial investments or a mortgage, then the financial institution will probably insist on approving your role.
However, there are exceptions to this rule. Probate may not be necessary if the deceased only had limited savings.
Other Reasons You May Not Need to Apply
You probably will not need to apply for probate in England if one of the following applies:
- The deceased owned shares or money jointly with other people. In this case, their share passes to the surviving owner (s) in equal shares.
- The decease owned land or property as joint tenants. If this is the case, then their share passes to the surviving owner (s) in equal shares.
Inheritance Tax May Be the Deciding Factor
If the deceased estate owes inheritance tax because it is worth more than £325,000 currently, then you have your answer. You must apply for probate in England because the assets are substantial, and these are your next steps:
- Establish whether the estate owes any inheritance tax in terms of the prevailing threshold value. It is important to do this correctly, because the law binds you to be as accurate as possible.
- If there are substantial or unusual assets, and you would like a professional opinion, then Avery Associates can help you determine their market value. They assist with land, property and collectible valuations in Greater London and beyond.
Remember that before you apply for probate in England, you must reasonably estimate the total value of the money, property, and other possessions in the estate. There is no workaround to this. You cannot even apply for probate until you have reported the total value to the tax office.
If the estate turns out to owe inheritance tax, then you normally need to start paying the tax before you apply for probate. Even if the value of the estate is below the inheritance tax threshold, you still need to estimate it in good faith.
How to Apply for Probate in England
You can apply for probate in England provided all of the following are true:
- The deceased person left a valid will, in which they name you as their executor.
- You have valued the estate in good faith, perhaps with help from an expert.
- You have sent the result to the tax office, and agreed about (any) inheritance tax due.
Two Ways to Frame a Probate Application
If you tick all the boxes, then you can apply. There are two ways to go about this. You should usually have your answer within 12 weeks after applying.
You can apply on the internet online or by post, if you have the following information to hand:
- The personal details of the deceased.
- The deceased’s original will and any codicils.
- Your name, email address and phone number.
- The estimated value of the deceased estate.
- The original official death certificate.
- A debit or credit card if you need to pay a fee.
After You Receive Your Probate Approval
Once you have your probate approval, you can start administering the estate. You clicked on this article while looking for answers to the question: must I apply for probate in England, and now you are good to go.
One final tip before we close out. You must settle the estate’s debts before you can distribute the assets. But first, English law recommends you place a deceased estate notice in The Gazette and a local newspaper, to find creditors who are owed money by the estate.
After you have your answer your next step is to settle those debts, and pay funeral expenses, taxes, and creditors. Then you can distribute the remaining assets in accordance with the deceased’s legal will.
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