Applying for a probate as an Executor

When someone dies, they must file for probate, which is the legal right to deal with their property, money, and possessions (their “estate”). If the person left a will, you’ll get a ‘grant of probate. If the person did not leave a will, you’ll get ‘letters of administration’ to prove you have the legal right to deal with the estate.


The absence of probate

You may not need probate if the person who died had jointly owned land, property, shares or money as these will automatically pass to the surviving owners or the deceased only had savings or premium bonds which would need access according to the rules of the organization.


Who can apply

  • Only certain people can apply for probate to deal with the estate of someone who died. It depends on whether the person who died left a will.
  • A will states what should happen to a person’s property and belongings (‘estate’) after they die. When two witnesses sign it, it’s usually valid.
  • You can file for probate if you’re listed as an “executor” in the will or a “codicil,” which is an amendment to the will. An executor is a person specified in a will who is in charge of settling the estate of a deceased individual.
  • The application can name up to four executors.
  • In order to apply for a probate you will need the original will and not photocopies. If there’s more than one will, only the most recent will is valid. Do not destroy any copies of earlier wills until you’ve received probate.
  • A beneficiary also has to name an executor to receive assets.. An Executor can also give up their right as an executor by filling in Form PA15 or reserve the right to apply for probate later if another executor cannot deal with the estate (holding ‘power reserved’) or appoint an attorney to act on his/her behalf and send it with the probate application.
  • When an executor is unable to apply for probate, a replacement executor should apply for probate if the executor is unable to on account of death or mental incapacity.

For expert assistance regarding applying for a probate contact help@bizlawuk.co.uk or WhatsApp us on 07583452230 and we can connect you to the right probate law professional. Visit https://www.bizlawuk.co.uk to find out more about how we can help you with our other business services, check our 5-star testimonials and watch our Youtube channel or listen to our podcasts. If you find this information useful, please follow our social media platforms, like, and share.

If the person did not leave a will the ‘administrator’ deals with the estate.

The law decides who inherits the estate if there’s no will. Following are the relatives entitled to inherit.

  • Husband, wife or civil partner (including if they were separated)
  • Children (including legally adopted children but not step-children)
  • Grandchildren
  • Great-grandchildren
  • Parents
  • Brothers and sisters
  • Nieces and nephews
  • Half-brothers and half-sisters
  • Half-nieces and half-nephews (the children of the half-brothers and half-sisters of the deceased)
  • Grandparents
  • Aunts and uncles
  • Cousins
  • Half-aunts and half-uncles (the half-brothers and half-sisters of the deceased’s parent)
  • Half-cousins (the children of the half-brothers and half-sisters of the deceased’s parent)


Stopping a probate application

If there’s a dispute, you can challenge an application for probate (‘enter a caveat’), before it’s granted.


Apply for probate

  • You can apply for probate through a solicitor.
  • You can apply for probate online or by mail by filling out the application form.
  • And you need to pay before you send the form.
  • Inheritance Tax- You normally have to pay at least some of the tax before you’ll get probate. You can claim the tax back from the estate if you pay it out of your own bank account.


Applications need to be accompanied by the following documents

1. The original will if you’re the executor (you do not need the will if you’re an administrator)
2. The death certificate or an interim death certificate from the coroner
3. You will also need to have reported the estate’s value and have submitted tax forms to HMRC and waited 20 working days if you need to pay Inheritance Tax.

The probate registry will keep the original will. If you make a copy of it for your records, do not remove any staples or bindings from the original.

Probate application fees

The application fee is £215 if the value of the estate is £5,000 or over. There’s no fee if the estate is under £5,000. Extra copies of the probate cost £1.50 each.

If the will has been changed or damaged

You must include a cover letter if the will or any updates have changed in any way since you’ve had them. Damage from photocopying or separation from them is included in this. Explain why you made the changes in the letter.


After you’ve applied 

You’ll usually get the grant of probate (or letters of administration) within 4 weeks of sending in your original documents. However, it may take longer.

For expert assistance regarding applying for a probate contact help@bizlawuk.co.uk or WhatsApp us on 07583452230 and we can connect you to the right probate law professional. Visit https://www.bizlawuk.co.uk to find out more about how we can help you with our other business services, check our 5-star testimonials and watch our Youtube channel or listen to our podcasts. If you find this information useful, please follow our social media platforms, like, and share.