A Guide To Navigating Probate

Losing someone close to you can feel overwhelming. Alongside the emotional toll, there are often practical matters that need to be taken care of - and probate is one of them. This guide is here to help you through that process, step by step, in a way that’s easy to follow and gives you space to go at your own pace especially during a difficult time.

If you’d like to check anything or apply online, you can also visit the official government website: www.gov.uk/applying-for-probate. This includes up-to-date forms, guidance and contact details for the Probate Registry,

It may also be worth referring to https://www.moneyhelper.org.uk/en/family-and-care/death-and-bereavement which has further advice too.

One of the best resources is from the Citizens Advice

https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/

What Is Probate?

Probate is the legal process of dealing with a person’s estate after they’ve died.

This means sorting out their:

            •          Finances (bank accounts or pensions)

            •          Property (if they owned a home)

            •          Belongings

            •          Debts and bills

It’s about making sure everything is passed on to the right people, either according to a Will, or - if there isn’t one - the rules of law.

What Is a Grant of Probate (or Letters of Administration)?

This is a legal document that gives someone the authority to manage the estate.

• If there is a Will, the person named in the Will ('the executor') applies for a Grant of Probate.

• If there isn’t a Will, a close family member (often the spouse or adult child) applies for Letters of Administration.

Both documents do the same job - they just have different names depending on whether there is a Will or not.

Do You Need Probate?

Not every estate needs probate. You may not need probate if:

• All their assets were in joint names with someone else

• They did not own any property or large investments in their own name

• Their savings were small (typically under £5,000 to £10,000 depending on each organisation’s policy, see below)

You will probably need probate if:

• They owned a home or land in their own name

• They had savings, shares, or other assets in their sole name

• The estate owes Inheritance Tax or Inheritance Tax may be due (HMRC requires probate to confirm who is responsible for paying the tax before the estate can be distributed)

• Organisations such as banks, building societies, investment firms or pension providers ask for probate before releasing funds

Every bank, pension provider or investment firm may have different requirements for when they ask for probate or letters of administration. Some may release funds for smaller amounts without probate, but some may require it no matter what.

It is important to contact each organisation where the deceased held accounts or investments to find out if they require probate or letters of administration and what their specific process is.

Who Can Apply?

• If there is a Will, the executor named in it applies.

• If there is no Will, the next of kin (like a spouse, civil partner or adult child) applies.

• Civil partners have the same legal rights as married couples. However, unmarried or cohabiting partners who aren’t in a civil partnership don’t automatically have the right to inherit or apply for probate if there’s no Will.

Many people choose to manage probate themselves and that’s perfectly possible in many cases, especially where the estate is simple and there is a clear Will. Others prefer to ask a solicitor for help, especially if the situation is more complex or they simply want peace of mind.

Step-by-step guide

1.    Register the death

• This should be done within 5 days (or 8 in Scotland).

• You’ll be given a death certificate — ask for a few extra copies. Banks and others will ask to see it.

2.    Find the Will (if there is one)

• Try to find the most recent version.

• If you can’t find it, contact the person’s solicitor or check if it’s stored with their bank.

3. Work out the value of the estate

This can take a little time. Try to gather:

• Property values (an estate agent can give an estimate)

• Bank account balances

• Details of any debts (like loans or credit cards)

• Information about gifts made in the last 7 years

Do You Need to Pay Inheritance Tax?

You may not need to worry about this if:

• The estate is worth under £325,000, or

• Everything is being left to a spouse, civil partner, or charity

In these cases, the estate is called “excepted” and:

• No tax needs to be paid

• You don’t need to fill in a separate inheritance tax form

• You’ll simply answer some questions about the estate’s value as part of the probate application.

If the estate is not excepted, you’ll need to:

            •          Complete form IHT400 and send it to HMRC

            •          Pay part (or all) of any tax due before applying for probate

In more complex cases (such as foreign property or large gifts given before death), it’s a good idea to speak to a solicitor or tax adviser.

Which Probate Form Should You Use?

Once you’ve sorted out the estate’s value and tax, you can apply for probate using:

Form PA1P – if there is a Will (See below for a step by step guide)

Form PA1A – if there is no Will (see below for a step by step guide)

You’ll need to send:

            •          The original Will (if there is one)

            •          The death certificate

            •          The right IHT form from HMRC (IHT205 or IHT400)

            •          The probate fee (usually £273, as of 2025)

After Probate Is Granted

Probate in England and Wales usually takes 6 to 12 weeks from when the Probate Registry receives your complete application and all supporting documents. However, the exact timing can vary depending on how complex the estate is, whether inheritance tax needs to be paid or clearance obtained, how busy the Probate Registry is or if there are any issues or queries raised.

Remember, dealing with probate is a process, and it’s normal for it to take a few months.

Once you receive the Grant of Probate (or Letters of Administration), you can:

• Close accounts

• Pay off debts

• Transfer or sell property

• Share out money or belongings as set out in the Will or by law

It's advisable to keep a record of what you do - it can be helpful later on.

Where to Get Help and Support

You don’t have to figure it all out by yourself. Here are some places that can support you:

• Gov.uk: www.gov.uk/probate

• Citizens Advice: Free advice by phone or in person

• Solicitors: Especially helpful if things are complicated or unclear

• Cruse Bereavement Support: www.cruse.org.uk – emotional support and guidance

Final Thoughts

Probate can feel like a lot, especially when you’re grieving. Take your time. Ask for help if you need it. Many people find the process easier when it’s broken down into simple steps — just like this.

You’re doing your best, and that’s enough.

How to Fill In Form PA1P

For probate applications where there is a Will (England & Wales)

You only need to complete this form if the person who died left a valid Will. It gives the Probate Registry all the information it needs to process the estate. If there is no Will, use Form PA1A instead (see Appendix 1).

You can fill this form in online or by post.

Before You Begin

You’ll need a few things to hand:

• The original Will and any codicils (updates to the Will)

• The person’s death certificate

• The value of the estate, including property, savings, belongings and debts

• The names and addresses of all executors (those named in the Will)

• Your own contact details and ID

Section-by-Section Guide

Section 1: About the person who has died

• Their full name, any other names they were known by (e.g. maiden name)

• Date and place of birth

• Date and place of death

• Their address at the time of death

Section 2: About the Will

• Confirm whether they left a Will (you tick yes)

• State the date of the Will

• Say if any codicils were made (and give dates if there are any)

• List all executors named in the Will, even if not all are applying

Section 3: About the applicant (you)

• Your full name, address and contact details

• Tick whether you’re an executor, and if so, whether you’re applying alone or with others

  
  

Section 4: About other executors

• Give names and details of any other executors who are applying with you

• If someone is not applying (e.g. they’ve died or don’t want to), explain why

Section 5: About the estate

• Give the total value of the estate in two parts:

• Gross estate: the total before any debts are taken off

• Net estate: what’s left after debts (like funeral costs or bills)

• Say if inheritance tax forms were completed (you can say ‘no’ if the estate is ‘excepted’ - see earlier section)

Section 6: Foreign assets

• Tick yes only if the person had property or money outside the UK

• Otherwise, tick no

Section 7: Relatives and beneficiaries

• If part of the estate is going to people not named in the Will (rare), give details

• For most people, this will not apply and you can tick no

Section 8: Declaration and signature

• Read this section carefully — it’s a legal declaration

• Sign and date the form

• All applying executors must sign

What Else Do I Need to Send With the PA1P?

When posting your application, include:

• The original Will (with any codicils)

• Don’t remove any staples or clips — this can invalidate it

• The death certificate

• The probate application fee (usually £273)

• Cheques payable to HMCTS or pay online if applying digitally

• Copies of any inheritance tax forms, if required (e.g. IHT400)

Note that if you apply online, you will still need to send some documents by post, including the original Will (with any codicils) and a copy of the death certificate. You will be told what needs to be sent when you finish the online application.

Where to Send It

Normally, you post your form and documents to:

HMCTS Probate

PO Box 12625

Harlow

CM20 9QE

However, when applying online, always follow the instructions given at the end of the online application as sometimes the address differs (it may be Harlow or a different regional registry).

If you are unsure, or haven’t received confirmation, you can call the Probate Helpline on 0300 303 0648 for clarification.

Tips for Filling It In

• Write clearly in black ink if completing by hand

• If in doubt, leave the box blank and seek advice before submitting

• Keep copies of everything you send

• Use recorded delivery if posting valuable documents and use the address given in your confirmation

 How to Fill In Form PA1A

For when someone has died without a Will (England and Wales)

You only need to complete this form when someone dies without leaving a valid Will. The estate can only be dealt with by a person who obtains letters of administration. This is the legal document that gives permission to manage the estate. If there is a valid Will, use Form PA1P instead (see Appendix 1)

You apply for letters of administration using Form PA1A if applying by post, or through the online probate application service.

Applying Online or By Paper: What You Need to Know

Online Application

You can apply for letters of administration online at:

www.gov.uk/applying-for-probate

The online process replaces the paper PA1A form but asks for the same information.

The system guides you step-by-step, helping you complete each section clearly.

You will be asked to provide:

• Details about the person who died

• Your relationship to them

• Information about the estate’s value

• Details of any other relatives who may have a claim

• After completing the online form, you will be told exactly what documents to send by post, including the original death certificate.

• The probate fee (£273, as of 2025) is paid online at the end of the application.

• You may also be asked to send any inheritance tax forms, if required.

Paper Application (Form PA1A)

If you prefer, or if online isn’t an option, you can fill out Form PA1A by hand.

You can download the form here or ask Good Company for a paper copy:

Form PA1A PDF

The paper form asks for the same information as the online version.

Once completed, send the form with:

• The original death certificate

• Any inheritance tax forms (if applicable)

• The probate fee (£273, as of 2025) — payable by cheque, postal order, or other accepted methods

Send everything to:

HMCTS Probate

PO Box 12625

Harlow

CM20 9QE

Use recorded delivery to be safe.

Before You Begin

You’ll need a few things to hand:

• The full name, date of birth, and address of the person who died

• Date and place of death

• Your full name, contact details, and your relationship to the deceased

• Names and details of any close relatives who might have a stronger legal claim

• An estimate of the estate’s total value (including property, money, possessions, and debts)

• Details of any foreign assets, if relevant

• Information about inheritance tax forms already submitted, if any

Step-By-Step Overview of the Form

Section 1: About the person who has died

Fill in their full name, any other names they used, date and place of birth, date and place of death, and their last address.

Section 2: About the applicant (you)

Your full name, address, phone number, email (if you have one), and your relationship to the deceased.

Section 3: Other Relatives

List any other close relatives who may have a right to apply for letters of administration.

Section 4: Details of the Estate

Estimate the total value of the estate before debts (gross) and after debts (net). If you’re unsure, try to get as close as possible.

Section 5: Foreign Assets

Tick ‘yes’ only if the person owned property or assets outside the UK.

Section 6: Declaration

Read carefully and sign to confirm all information is true.

After You Apply

• If you apply online, you will get confirmation and a checklist of documents to post.

• The original death certificate must be sent by post in all cases.

• If required, send any inheritance tax paperwork as directed.

• You’ll receive the letters of administration once your application is processed.

• The probate fee of £273 (as of 2025) must be paid either online or by cheque/postal order with the paper form.

When to Consider Using a Solicitor

• The estate is complicated, large, or involves foreign assets

• Disputes arise between family members

• You’re unsure about tax forms or legal responsibilities

• You’d like support to handle the paperwork

Need Help?

If you have questions or need guidance:

• Call the Probate Helpline on 0300 303 0648

• Visit www.gov.uk/applying-for-probate

Tips for Filling It In

• Write clearly in black ink if completing by hand

• If in doubt, leave the box blank and seek advice before submitting

• Keep copies of everything you send

• Use recorded delivery if posting valuable documents

Information correct as at May 2025