What is the process of applying for probate?

The process of applying for probate varies slightly depending on where you are in the UK. 

 In England and Wales, you'll need to use: 

• Form PA1P if there is a Will; 
• Form PA1A if there is no Will. 

In Scotland, probate is known as Confirmation, and you'll need to submit a C1 form to apply. 

The probate process 

The entire probate process, however, consists of five stages:  

• Stage one - Time-sensitive post-death issues;
• Stage two – Valuation of the estate;
• Stage three – Inheritance Tax (IHT) return form;
• Stage four – Application for the Grant of Probate;
• Stage five – Administration of the estate.

Stage one – Time-sensitive post-death issues 

At this stage, you are dealing with time-sensitive issues, such as the death certificate, funeral, and preservation of the estate. 

Register the death 

• This must be done within five days at your local registry office.
• Doing this will provide you with the Death Certificate, which you'll need for the probate application. 

Arrange the funeral 

• Locate the Will (if there is one), as it may contain the deceased's wishes regarding burial or cremation. 

Look after the estate 

• Ensure any property is maintained and insured to protect its value. There is a specific insurance to cover property during the estate administration process.
• Contact beneficiaries, utility companies, and financial institutions to inform them of the death.

Stage two – Valuation of the estate

This is a crucial stage of the process, as it will determine the tax implications. You should expect that this process may take some time and investigative work, unless you hire a probate Solicitor or estate administration specialists. 

Contact financial institutions  

• Inform banks, utility providers, and other relevant institutions. This helps you gather details about the deceased's assets and debts. 

Calculate the estate's value 

• You'll need to calculate the total value of the estate. This is important to find out if Inheritance Tax (IHT) is due.
• The main parts of the estate that will need to be valued are the assets, liabilities (debts), and lifetime Gifts.
• Assets need to be valued at their open market value, which is the price they would reasonably get if sold on the open market at the time of the death. This represents the realistic selling price of an asset, not an insurance value or replacement value.
• At this stage, your estimate only needs to be accurate enough for you to know if the estate will owe tax. You’ll need accurate valuations if the estate owes any tax.
• The assets which make up the estate include anything that was owned solely or in shares (such as 50% of a house), as well as anything that was owed, like unpaid wages. Probate assets typically include:
  • money in bank accounts;
  • property and land;
  • personal possessions;
  • business assets;
• You can use the online Inheritance Tax checker. 

Calculate house content value

• Be realistic: Some items that cost a lot of money when first bought no longer hold much monetary value.
• Make a list of any items that you think are still valuable (including cars, jewellery, or furniture). 
• Look online at how much similar items are being sold for, taking into account how the age and condition compare.
• Please note, if you find insurance valuations of an item, they will reflect its value when new. So older possessions will be worth less than their insured value.
• Antiques, valuable artwork, or other collectibles should be valued by a professional.
• You can also hire a company that will do the valuation for you.
• Alternatively, if you don't think the contents have any value, you can clear out the house or hire professionals to do it for you. 

Stage three – IHT return form

At this stage, it’s important to know which tax forms to fill in and what, if any, lifetime gifts the deceased has given within the last seven years of the death. At this stage, the form needs to be filled out, submitted, and any outstanding tax paid in full or via a payment plan.  

Report the estate's value 

The way you report this value depends on the estate's size and details: 

If no IHT is due: 

• For deaths on or before 31st December 2021, complete an IHT205 form to report the estate’s value;
• For deaths on or after 1st January 2022, estate values must still be reported as part of the probate application. However, no separate form is required if the estate qualifies as an excepted estate. 

If IHT is due:

• Complete an IHT400 form and submit it to HMRC. You'll need to wait 20 days after submitting this form before applying for probate.  

Stage four – Application for Grant of Probate 

This stage, as mentioned in stage three, can only start after the IHT form has been submitted and the tax due has been paid.  

If you are an Executor named in the Will, you will need to get a Grant of Probate. If you are applying as a beneficiary under intestacy rules (there is no Will), you need Letters of Administration. 

Submit your application 

Send the following documents to the Probate Registry: 

• The death certificate;
• The original Will (if there is one);
• The correct application form (PA1P, PA1A, or C1). 

Pay the probate fee 

• The application fee is £300 if the estate is worth more than £5,000.
• No fee if the estate is valued at £5,000 or less. 

By following these steps, you can ensure the probate application process runs as smoothly as possible. Please be aware that there are currently significant delays in issuing Grants on paper applications. You can read more here. 

Stage five – Administration of the estate

At this point, you have received the Grant (Grant of Probate or Letter of Administration) and are finally able to administer the estate.   

These are some (not all) of the tasks you can finally get on with: 

• Register unregistered properties; 
• Postal redirection;
• Set up any Trusts that may be in the Will; 
• Sell or transfer shares; 
• Settle debts; 
• Sell properties and assets; 
• Produce a set of accounts; 
• Distribute funds.