Probate is the legal right to deal with someone's property, money and possessions, known as their estate, when they die. In England and Wales you usually need to apply for probate before banks, building societies and other organisations will let you access the accounts and assets of the person who has died. The court issues a document called a grant of probate if there is a will, or letters of administration if there is not. This guide explains what probate is, when it is needed, who can apply, what it costs and how long it takes. It is general information, not legal advice, and the rules in Scotland and Northern Ireland are different.

When is probate needed?

Whether probate is needed depends on what the person owned and on the rules of each organisation that holds their assets. You should contact the financial organisations the person used, for example their bank and mortgage company, to find out whether they will need probate before they release money or transfer property. Every organisation has its own rules, so one bank may ask for a grant while another releases a small balance without one. GOV.UK advises that you should not make any financial plans or put property on the market until you have got probate.

You may not need probate at all in some situations. If the person who died only had savings, probate may not be required. Money or shares owned jointly with someone else usually pass automatically to the surviving owner, unless they had agreed otherwise. Land or property owned as joint tenants also passes automatically to the surviving owner. In those cases there may be nothing for a grant of probate to unlock, although you should still check with each organisation involved rather than assuming.

Who can apply for probate?

Only certain people can apply, and who can apply depends on whether or not there is a will. If there is a will, the executors named in it can apply. An executor can be named in the will itself or in an update to the will, known as a codicil. The person who died will normally have told the executors where to find the original will, for example at their house, with a solicitor, or held at the national probate registry in Newcastle. Being named as an executor does not mean you will inherit anything: you only inherit assets if you are also named as a beneficiary in the will.

If there is no will, the most entitled person can apply to become the administrator of the estate. This is the closest living relative, normally the husband, wife or civil partner, including if they were separated, followed by any children aged 18 or over, including legally adopted children but not step-children. If there is no spouse, civil partner or adult child, GOV.UK provides an inheritance checker to work out who the closest relative is. You cannot apply if you were the partner of the person who died but were not their husband, wife or civil partner when they died. If there is no will, the law decides who inherits the assets, and the inheritance checker can be used to work that out as well.

The original will and multiple executors

You will need to send the original will with your probate application. A photocopy will not be accepted, and the probate registry will keep the will, after which it becomes a public record. If there is more than one will, send the most recent one, and do not destroy any copies of earlier wills until you have received probate. If the original will is lost, you may still be able to apply for probate using form PA13, but you should take advice first, as proving a lost will is more complicated than applying with the original.

If more than one person is named as an executor, you must all agree who makes the application. Up to four executors can be named on the application. If only one executor is named on the application, they will need to prove that they tried to contact all the executors named in the will before applying. An executor who does not want to apply now can hold power reserved, which means reserving the right to apply later, but this must be put in writing to the person making the application. An executor can also give up the right to apply permanently by filling in form PA15, which is known as renunciation, or appoint someone else to apply on their behalf using form PA11. If an executor has died or cannot apply because of a mental health condition or impairment, check the will for a named substitute, and take legal advice if you are unsure who can apply.

Valuing the estate and Inheritance Tax

Before applying for probate you must find out whether Inheritance Tax is due. To do this, you need to estimate the value of the estate: the money, property and possessions of the person who died, minus their debts. Even if no tax is due, you will still need the estimated value as part of your probate application. GOV.UK provides an online Inheritance Tax checker to help estimate the estate's value, giving the gross estate value, the net estate value after debts and allowable expenses such as household bills and mortgages, and the net qualifying estate value after exemptions for a spouse, civil partner or charity.

If the estate owes Inheritance Tax, you must report its value within one year using form IHT400, and you cannot apply for probate until you have done this. You will normally have to start paying Inheritance Tax before probate is granted, and if you pay it out of your own bank account you can claim the tax back from the estate. HMRC will send you a unique code after you have reported the estate, and you need that code before you can apply. HMRC guidance says to allow 20 working days for that code to arrive after sending form IHT400, and to contact HMRC if it has not arrived by then. If the estate is an excepted estate, meaning you do not have to send full details to HMRC or pay Inheritance Tax, you can apply for probate straight away once the estate has been valued.

How to apply for probate

You can apply for probate online or by post after you have valued the estate. The online service is designed for people applying without a solicitor, and you can track an online application by signing in to the probate service. To apply by post, use form PA1P if there is a will or form PA1A if there is not. You will need the original will if there is one, and a copy of the death certificate if the death occurred outside England and Wales or if you have an interim death certificate from the coroner. If more than one person is applying, the group chooses one lead applicant to manage the application, and each applicant must give the lead applicant an email address and mobile phone number. Everyone applying must sign a legal declaration, and the lead applicant cannot continue until they all have.

Your application will be reviewed by the Probate Service. If you applied by post, you should receive a letter or email within 12 weeks, and if you do not, you can contact the Courts and Tribunals Service Centre. If your application is approved, the will and any codicils will be kept by the probate registry and become a public record, and any death certificate you sent will be returned to you. You will receive a document that allows you to start dealing with the estate: a grant of probate if the person left a will, letters of administration with will annexed if the will does not name an executor or the named executor cannot apply, or letters of administration if the person did not leave a will.

How much does probate cost?

The fee to apply for probate depends on the value of the estate. If the value of the estate is over £5,000, the application fee is £526. There is no fee if the estate is worth £5,000 or less. You can order extra copies of the probate document for £2 each when you submit your application, which means you can send them to different organisations at the same time. If you need additional copies after you have submitted your application, they will cost £16 each. If probate has already been granted and you want to make a second application, for example to apply as an executor after holding power reserved on the first application, it costs £22, and you must pay that fee even if the estate is worth £5,000 or less.

You may be able to get help with the probate fee and other court fees if you have a low income or are on certain benefits. You can apply for help with fees online, or fill in form EX160 before applying for probate. If you apply for probate online, you will have to pay the full probate fee when you apply, and you will get a refund later if your application for help with fees is successful. You cannot get help with the fee for extra copies of the probate document. Many people also choose to use a solicitor or probate practitioner, and their fees are separate from the court fee, so ask for a written estimate before instructing one.

How long does probate take?

GOV.UK states that you will usually get the grant of probate or letters of administration within 12 weeks of submitting your application, although it can take longer if you need to provide additional information. Paper applications can take longer than online ones. That 12-week figure covers only the application itself: preparing the application beforehand, and administering the estate afterwards, takes longer. Gathering financial information from banks, insurers and other organisations can take several weeks, and if Inheritance Tax is due, the wait for the HMRC code adds time before you can even apply.

Once you have the grant, you can start dealing with the estate by sending copies of the probate document to the organisations that hold the person's assets, for example their bank. You will then need to collect the assets, pay any debts and distribute what remains to the beneficiaries. Probate solicitors generally say that a straightforward estate takes around six to 12 months from death to final distribution, and that estates involving a property to sell, Inheritance Tax or a dispute can take considerably longer. The biggest avoidable delays are usually incomplete valuations, missing documents and waiting for organisations to respond, so keeping a clear record of every asset, debt and letter you send can help the process move faster. If someone disputes who can apply for probate or whether there is a will, they can challenge an application before it is granted by entering a caveat, and in that situation you should take legal advice before proceeding.