A Guide to Applying for Probate

Probate is the legal right to deal with someone’s property, money, and possessions (their ’estate’) when they die. It is a critical step in estate administration; you should not make any final financial plans or put a property on the market until probate has been granted.

Determining if Probate is Needed

Not every estate requires a formal grant of probate. Whether it is necessary depends on the value of the assets and how they were owned.

• Financial Organisation Rules: You must contact the banks and mortgage companies the deceased used to find out if they require probate to release assets, as every organisation has its own internal thresholds.
• Small Estates: Probate is often unnecessary for “small estates,” typically those valued at around £5,000 or less.
• Joint Assets: If the deceased owned land or property as “joint tenants” with others, or held joint bank accounts and shares, these assets pass automatically to the surviving owners under the right of survivorship and usually do not require probate.
• Savings Only: If the person who died had only savings, the financial institution may release the funds without a formal grant.

Checking Eligibility

Only specific individuals are legally entitled to apply for probate, depending on the existence of a Will.

1. If there is a Will: The named executors in the document are the only people who can apply.
2. If there is no Will: The closest living relative is entitled to apply for a grant of representation.

The 7-Step Estate Process

Managing an estate follows a structured legal and administrative sequence. By using “1.” for each item below, your website will automatically render the correct incremental numbers.

1. Register the death: This is the essential first step that must be completed before any other legal actions can progress.
2. Tell the government: Use the ‘Tell Us Once’ service to inform relevant departments of the death.
3. Arrange the funeral: You can check for available financial assistance regarding funeral costs if needed.
4. Check bereavement benefits: Determine if you are eligible for financial support payments, such as the Bereavement Support Payment.
5. Value the estate: Estimate the total value of all money, property, and possessions. If the estate owes Inheritance Tax (IHT), you must report its value within one year using form IHT400, and tax must usually be paid within six months of the death before probate is granted.
6. Apply for probate: Once the estate has been valued and IHT handled, you can submit the application online or by post.
7. Deal with the estate: Pay any remaining debts or taxes and distribute the assets according to the instructions in the Will or the rules of intestacy.

Support and Potential Disputes

If there is a dispute regarding the validity of a Will or who is applying for the grant, an individual can “enter a caveat” to challenge the application before it is issued. For further assistance with the application process, the Courts and Tribunals Service Centre can be contacted at 0300 303 0648.

Analogy for Understanding: Think of probate as an “Official Stamp of Authority” or a “Legal Master Key”. When a person dies, their assets are effectively “locked” to keep them safe. Even if you are named in a Will as being in charge, banks and the Land Registry cannot simply take your word for it. Obtaining the Grant of Probate is like proving you are the authorised user to a system administrator; once they verify your credentials, they give you the “Master Key” that allows you to unlock the accounts, pay the debts, and share the inheritance with the correct people.

UK GOV Refrences.

For the most up-to-date information about apply for probate, refer to the official GOV.UK step-by-step guide: Applying for probate - GOV.UK [1].