Applying For Probate
Probate is the legal process of getting court approval to manage a deceased person's estate. Usually, the executor named in the will, or an administrator if there's no will, applies for probate. Once granted, they can start handling the estate affairs.
Applying for probate is usually straightforward, especially for simpler estates. However, it can sometimes get complicated or disputes may arise.
At Lawhive, our network of solicitors who specialise in wills, trusts, and probate can help you through the probate application process. Contact us today for a fixed fee quote and to learn more about how we can assist you.
When do you need to apply to get probate?
There's no strict deadline for applying for probate, but it's usually one of the first steps in managing an estate. Without court permission, it's hard to handle the estate properly.
Probate is often needed if the estate is worth over £10,000 or the deceased solely owned a property. However, for smaller estates, probate might not be necessary, especially if most of the assets included in a will are jointly owned.
How to apply for probate if there’s a will
You can apply for probate if the deceased lived mainly in England or Wales, had a will, and you’re the executor or next of kin according to the rules of intestacy.
To make a probate application, you’ll need the original will, death certificate, and information about the estate’s value. If inheritance tax is due, you must wait 20 days after submitting the tax forms before applying.
After completing the online form to apply for probate, you’ll need to send the original will and supporting documents to the HMCTS Probate Office using a tracked postal service. Alternatively, you can apply by paper form, including the probate application form, original will, completed inheritance tax forms, the application fee, and any other supporting documents.
How to apply for probate if there's no will
When there is no will technically you won’t apply for probate, you will instead have to apply for a grant of letters of administration. Letters of administration are public documents which means that anyone can see them.
The probate application process is largely the same as applying for a grant of probate.