A Step-by-Step Guide to Applying for Probate in the UK

Dealing with the practicalities of managing a loved one’s estate can feel overwhelming, especially during an emotional time. If you’ve been named as an executor in a will, one of your key responsibilities may involve applying for probate. Probate is the legal process that allows an executor to administer the estate of someone who has passed away, ensuring their assets are distributed according to their wishes.

If no will exists, a family member can instead apply for what’s known as “letters of administration,” which serves a similar role. This guide will walk you through the probate process, breaking it down into manageable steps.

What is Probate and When is it Needed?

Probate is a legal requirement for many estates. It involves obtaining a court-issued document – known as a grant of probate – that gives an executor or administrator the authority to access the deceased’s finances, settle outstanding debts, and distribute assets to beneficiaries. However, probate isn’t always necessary.

Smaller estates, or jointly owned assets like a home or bank account that pass directly to the surviving owner may not require this process. The need for probate often arises with larger estates or those involving solely owned property or assets.

An example of a small estate – the deceased had £5,000 in a savings account and £15,000 in a current account, they held no other assets. In this case the bank is likely to allow the next of kin or executor to access to the funds without requesting the grant of probate.

An example of when the grant of probate is required – the deceased had £110,000 in an ISA account and £4,000 in a current account with the same bank. They are the sole owner of a house. In this case the grant of probate will be required for the ISA due to amount held and also for the house as it is solely owned and cannot be dispose of without the land registry confirming that a grant of probate has been issued.

To determine if probate is necessary, banks or financial institutions holding the deceased’s accounts can provide guidance. The key factor is whether they require a grant of probate to release funds or transfer accounts.

The Probate Process Explained

1. Determine Whether Probate is Required – The first step is to establish if the estate requires probate. This often means contacting institutions to assess their requirements or reviewing property ownership details.Estimated Timeline: This initial step typically takes 2-6 weeks, depending on how quickly responses are received.
2. Gather Essential Documents – Once probate is confirmed as necessary, you’ll need to collect several key documents, including:
   1. The original will (where available) and any updates (codicils).
   2. The official death certificate.
   3. A detailed breakdown of the deceased’s assets and liabilities (such as properties, investments, debts, or pensions).
   4. A valuation of the estate, which includes calculating the total value of assets minus any debts.Depending on when the deceased passed away or if inheritance tax is due forms such as IHT205 or IHT400 must also be completed before the probate application can proceed.Estimated Timeline: Depending on the complexity of the estate, this step can take between 2-8 weeks.
3. Pay Any Applicable Inheritance Tax – Inheritance Tax (IHT) may apply to estates valued above £325,000, although exemptions can reduce or eliminate this tax burden. For example, spouses and civil partners are generally exempt, and certain charitable donations may also reduce taxable amounts.Before filing for probate, any due taxes must be calculated and paid. HM Revenue & Customs (HMRC) processes these payments, requiring forms to be completed accurately and on time (usually within 6 months of death).Estimated Timeline: HMRC typically reviews and processes IHT payments within 3-6 weeks.
4. Submit the Probate Application – Once the documentation and tax requirements are in order, it’s time to submit the probate application. Applications can be completed:
   1. Online: The government’s probate portal provides a streamlined option for digital submissions.
   2. By post: Using form PA1P (if a will exists) or PA1A (if it doesn’t).The current application fee is £300 for estates valued above £5,000. There is also a fee of £1.50 for each additional grant of probate that is required. It is best to have more than 1 cope of the grant of probate as they can sometimes get lost of misplaced.Estimated Timeline: Online applications are generally reviewed within 4-8 weeks. Paper applications may take longer.
5. Receive the Grant of ProbateIf the application is approved, the probate registry will issue the grant of probate or letters of administration. This document allows the executor or administrator to begin their duties, including collecting assets, settling outstanding bills, and distributing the estate to beneficiaries.Estimated Timeline: Grants are usually issued within 6-8 weeks of application approval. However, delays may occur if further information is required.

Where Freeman Harris Solicitors Can Help

Applying for probate can feel complicated, especially when navigating legal and tax obligations alongside personal responsibilities. Freeman Harris Solicitors offers expert assistance to ensure all aspects of the probate process are handled with care, precision, and professionalism.

How We Support You

• Determining Probate Needs: Their team will confirm whether probate is necessary for your loved one’s estate, liaising with financial institutions on your behalf.
• Handling Documentation: Freeman Harris Solicitors collects, reviews, and prepares all required forms, ensuring nothing is missed and avoiding unnecessary delays.
• Managing Tax Obligations: They provide advice and assistance with inheritance tax calculations, ensuring compliance with HMRC while minimising errors.
• Submitting Applications: Whether online or by paper, they handle the application process from start to finish, staying on top of deadlines and queries.
• Estate Administration: Post-grant, Freeman Harris Solicitors supports executors in distributing assets and closing the estate efficiently.

With a reputation for reliability, legal expertise, and compassionate client care, Freeman Harris Solicitors provides clients with peace of mind during an otherwise stressful time.

Take the Next Step

If you’re unsure about the probate process or need help managing an estate, Freeman Harris Solicitors is here to guide you. Contact their team today to schedule a free initial consultation and take the first step toward resolving probate matters with confidence.

By choosing Freeman Harris Solicitors, you’ll access a tailored service that ensures accuracy at every stage, allowing you to focus on what truly matters.