When someone dies, banks, buyers and other organisations may freeze or refuse to release assets until the right person can prove their authority to deal with the estate. Knowing how to apply for probate helps you take control of that process, but it also highlights where care is needed: an inaccurate valuation or overlooked debt can create delays and personal risk for the executor.
Probate is the legal process used in England and Wales to confirm who has authority to administer a deceased person’s estate. Where there is a valid will, the people appointed to deal with the estate are usually called executors. The document they receive is called a grant of probate. If there is no will, the closest eligible relatives may apply for letters of administration instead.
This guide explains the practical stages, the decisions that need to be made before applying and when professional advice may save time or prevent a costly mistake.
Do you need a grant of probate?
Not every estate requires a grant. It depends on the value and type of assets, how they were owned, and the policies of the organisations holding them. A bank may release a modest balance without a grant, while a larger account, shareholding or property held in the deceased’s sole name will commonly require one.
Assets held jointly can pass automatically to the surviving owner, particularly a joint bank account or a home owned as joint tenants. They still need to be identified when working out the estate, but they may not form part of the estate administered under the grant. A property owned as tenants in common does not pass automatically in the same way, so the deceased’s share will normally need to be dealt with through the estate.
Speak to each bank, insurer, investment provider and pension provider early. Ask what they require and request the date-of-death value of each asset. This avoids applying unnecessarily, while ensuring you do not rely on assumptions that later hold up a sale or distribution.
How to apply for probate: the main steps
The application itself is only one stage. Most of the work is in establishing the estate’s value, dealing with inheritance tax requirements and confirming that the correct people are applying.
1. Find the will and confirm the executors
Locate the most recent original will, not merely a photocopy. Check whether it appoints you as an executor and whether another executor is willing and able to act. Executors can usually apply together, or one may choose not to act. The position should be handled formally because it affects who has legal authority throughout the administration.
If there is no will, the rules of intestacy determine who can apply. A spouse or civil partner is often first in line, followed by children and other relatives in a defined order. Families should not simply agree that the most available person will apply. The legal priority matters, and disputes can arise where the wrong person takes control of estate assets.
2. Value every asset and debt at the date of death
Prepare a full schedule of what the deceased owned and owed on the date they died. This includes property, bank and savings accounts, investments, life policies payable to the estate, personal possessions, business interests and foreign assets. It should also include mortgages, loans, credit cards, household bills, funeral costs and other liabilities.
Property valuation deserves particular attention. A probate valuation is based on the open-market value at the date of death, not the price a family member hopes to achieve later. For a straightforward home, written valuations from local estate agents may assist. A chartered surveyor’s valuation may be more appropriate where the property is unusual, valuable, tenanted or likely to be challenged.
Keep clear records. Executors may need to explain the figures to HM Revenue & Customs, beneficiaries or creditors, especially where assets have been sold for a significantly different sum.
3. Complete the inheritance tax reporting
Before submitting a probate application, you must work out whether inheritance tax is payable and complete the relevant reporting process. Even where no tax is due, information about the estate generally still has to be provided.
The position is not determined solely by whether the estate is below the standard nil-rate band. Reliefs and exemptions may apply, including transfers to a spouse or civil partner, charitable gifts, business relief, agricultural relief and an available transferable allowance from a late spouse or civil partner. The residence nil-rate band can also be relevant where a qualifying home passes to direct descendants, but its conditions can be technical.
Where inheritance tax is payable, payment arrangements must usually be addressed before the grant is issued. Instalment options may be available for certain assets, including land and property. Do not distribute money to beneficiaries until the estate’s tax position and debts have been dealt with properly. Executors can become personally liable if they pay beneficiaries before settling valid liabilities.
4. Submit the probate application
Once the estate information and tax reporting are ready, the executor or administrator can apply to the Probate Registry. Applications are commonly made online, although a paper route remains available in some circumstances. You will need to provide the required details about the deceased, the applicants, the estate and the will where one exists, as well as pay the applicable court fee.
If there is a will, the original must normally be sent to the Probate Registry. Do not remove staples, attach documents or write on it unnecessarily. Marks or alterations can prompt questions about whether the will has been changed after signing.
The Registry may issue a query if information is missing, the will is unclear, the applicant’s entitlement is uncertain or the inheritance tax position has not been properly recorded. Responding carefully matters. A quick but incomplete reply can lead to further delay.
5. Receive the grant and administer the estate
The grant gives authority to collect estate assets, close or transfer accounts, sell property where necessary and settle debts. It does not mean the work is finished.
Open an executor’s account where appropriate and keep estate money separate from your own. Collect assets, pay funeral expenses, administration costs, tax and debts, then prepare estate accounts showing what has been received, paid and distributed. Beneficiaries should receive clear information, particularly if a property sale or tax issue is taking longer than expected.
Before distributing the estate, consider whether there may be unknown creditors or claims against it. In some cases, advertising for creditors and allowing the relevant period to pass offers executors added protection. This is particularly worth considering where the deceased had business interests, a complicated financial history or relatives who may dispute the estate.
Common probate delays and how to avoid them
The most common delays are not always caused by the Probate Registry. They often begin with incomplete financial information, missing paperwork, disagreements between executors, an outdated will or uncertainty over property ownership. Foreign assets, trusts, lifetime gifts and self-employed or company interests can all make the inheritance tax position more complex.
A beneficiary’s urgency does not alter the executor’s duties. It can be tempting to make an early payment where family members need funds, but doing so without retaining enough for tax, bills and potential claims may expose the executor personally. The right approach depends on the estate’s known liabilities and the strength of the available information.
It is also sensible to keep communications factual and documented. Confirm key decisions in writing, retain valuations and statements, and do not use the deceased’s bank card or online banking after death. Even with good intentions, that can create serious concerns about authority and record-keeping.
When should you ask a solicitor to help?
Many straightforward estates can be administered by an executor without full legal representation. However, advice is often valuable where there is no will, a will may be invalid or disputed, the estate includes property, inheritance tax could be payable, beneficiaries are vulnerable, or there are concerns about family conflict.
A solicitor can help establish who is entitled to apply, review the will, prepare inheritance tax information, obtain the grant and manage the administration through to final estate accounts. This can be arranged as support for specific stages or as a full probate service, depending on the complexity of the estate and the family’s needs. White Horse Solicitors & Notary Public can provide clear advice on the process and likely costs before work begins.
Applying for probate is a position of trust as well as an administrative task. Taking time to value the estate accurately, meet tax obligations and keep a proper record gives the executor a sound basis for carrying out the deceased’s wishes and protecting everyone involved.
