If there is not a will

If the person did not leave a will, the most 鈥榚ntitled鈥� 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 you were separated) followed by any children 18 or over (including legally adopted children but not step-children). Use the inheritance checker to work out who the closest relative is if there鈥檚 no husband, wife, civil partner or children. You cannot apply if you鈥檙e the partner of the person but were not their husband, wife or civil partner when they died. Contact the Probate Call Centre if you need more help to work out who can administer the estate. Probate Call Centre Telephone: 0300 303 0648 Monday to Friday, 9am to 1pm Closed on bank holidays Find out about call charges Email: contactprobate@justice.gov.uk The law decides who鈥檒l inherit assets (for example, money or property) if there鈥檚 no will. Use the inheritance checker to work out who鈥檒l inherit. Before you apply for probate, you need to estimate the value of the estate of the person who died . You鈥檒l need this estimate when you apply. If you do not want to apply If you鈥檙e the most entitled person but you do not want to administer the estate, you can either appoint someone else to do it or permanently give up your right to administer the estate. Appoint someone to administer the estate on your behalf Fill in form PA12 to allow up to 4 people to have 鈥榩ower of attorney鈥�. This means they can apply for probate on your behalf and administer the estate for you. You can still apply for probate yourself later if you want to take back power of attorney. You can also appoint someone using a registered lasting power of attorney ( LPA ) or signed enduring power of attorney ( EPA ) . Give up your right to administer the estate If the person who died has children and you鈥檙e their husband, wife or civil partner, fill in form PA16 . After that: if all of the children are aged 18 or over, at least one of them will need to apply to become the administrator if some or all of the children are aged under 18, other people will need to apply - contact the Liverpool District Probate Registry to find out who will need to apply In all other situations, speak to a probate practitioner (such as a solicitor) instead. Read guidance from Money Helper about using a probate practitioner .

Before applying for probate you鈥檒l need to complete the following steps. Check that probate is needed and that you can apply. Estimate the estate鈥檚 value for Inheritance Tax . Even if there鈥檚 no tax to pay, you鈥檒l need the value as part of your probate application. Find out whether you need to report the full details of the estate to HM Revenue and Customs ( HMRC ) . If you do not have to send full details it is called an 鈥榚xcepted estate鈥�. If you need to pay Inheritance Tax, start making payments. HMRC will send you a letter with a code you must use to apply for probate. You can apply for probate straight away if it鈥檚 an excepted estate. If more than one person is applying The group of applicants choose one person to be the lead applicant. They will manage the probate application for all the applicants. Each applicant must give the lead applicant their email address and mobile phone number. Everyone applying must have access to the internet. Once the lead applicant signs the legal declaration, the other applicants will get: an email with a link to the legal declaration a text message with the access code to sign the declaration The lead applicant cannot continue with the probate application until everyone signs the legal declaration. The Courts and Tribunals Service can only discuss the application details with the applicants named in it. Valuing an 鈥榚xcepted estate鈥� for probate You鈥檒l need to report estimates of the estate鈥檚 value as part of your probate application. Use the online Inheritance Tax (IHT) checker to estimate the estate鈥檚 value . This will give you 3 of the 5 values you鈥檒l need for your probate application: gross estate value for IHT net estate value for IHT net qualifying value for IHT Use these values to work out the other 2 values you鈥檒l need: gross value for probate net value for probate How to work out the gross value for probate Work out the gross value of the estate for Inheritance Tax and then subtract the value of all of the following: assets that were owned with someone else (鈥榡oint assets鈥�) and that are being passed to the surviving owner gifts that were made in the 7 years before they died assets that were owned abroad (for example, overseas property or money in foreign bank accounts) assets held in a trust How to work out the net value for probate Subtract the value of any debts the person who died owed and the cost of the funeral from the gross value for probate. Do not include debts that were owed jointly with someone else, for example, a mortgage on a joint property. Get help If you鈥檙e not sure whether to include something in the valuation, you can read the guidance on what counts as a gift . If you need to report the full details of the estate to HMRC Fill in and send form IHT400 . You鈥檒l get a letter within 20 working days which you鈥檒l need before you can apply for probate. You normally have to pay at least some of the tax before you鈥檒l get probate. You can claim the tax back from the estate, if you pay it out of your own bank account. What you鈥檒l need to apply You鈥檒l need the death certificate or an interim death certificate from the coroner . You鈥檒l also need the original will, if there is one.

You may have to pay a fee to apply for probate. Whether you need to pay depends on the value of the estate. If the value of the estate is over 拢5,000, the application fee is 拢300. There鈥檚 no fee if the estate is 拢5,000 or less. You can order extra copies of the probate document for 拢1.50 each. This means you can send them to different organisations at the same time. If probate has already been granted, it costs 拢21 to make a second application. For example, if you want to apply as an executor after holding 鈥榩ower reserved鈥� on the first application. You鈥檒l have to pay the fee even if the value of the estate is 拢5,000 or less. Get help with fees You may be able to get help to pay 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鈥檒l have to pay the full probate fee when you apply. You鈥檒l get a refund later if your application for help with fees is successful. After you apply for help online Send your online help with fees reference number: with form PA1P or PA1A if you鈥檙e applying for probate by post (the address is on the form) with your supporting documents, such as the will, if you鈥檙e applying for probate online (you鈥檒l be told the address in your application) by email to the help with fees team, if you鈥檙e applying for probate by post or online - put 鈥楬WF/[full name of person who died]/[date of death]/probate application鈥� in the email subject line Probate help with fees team probatehelpwithfees@justice.gov.uk If you apply using form EX160 Fill in form EX160 and send it by: post to the national probate registry in Newcastle - include a note to say you鈥檙e applying for probate email to the help with fees team - put 鈥楬WF/[full name of person who died]/[date of death]/probate application鈥� in the email subject line Probate help with fees team probatehelpwithfees@justice.gov.uk

You can apply for probate yourself online or by post. This can be cheaper than paying a probate practitioner (such as a solicitor) to apply for you. Read guidance from Money Helper about using a probate practitioner for information on hiring a legal professional. You鈥檒l usually get probate within 12 weeks of submitting your application. It can take longer if you need to provide additional information. This guide and the service are also available in Welsh (Cymraeg) . Apply for probate online You must have estimated the value of the estate to find out if there鈥檚 Inheritance Tax to pay before you can apply for probate. If you鈥檝e reported the full estate to HM Revenue and Customs ( HMRC ), before applying you must: start paying Inheritance Tax, if there is any wait for HMRC to send you a letter with a code before you apply Apply for probate Return to your application Sign in to the probate service to: continue an existing online application see completed applications Check how to track the progress of your application . If you need help applying online Who you contact depends on the type of help you need. If you鈥檙e having technical issues or need guidance about how to apply Courts and Tribunals Service Centre contactprobate@justice.gov.uk Telephone: 0300 303 0648听 Monday to Friday, 9am to 1pm Closed on bank holidays Find out about call charges 听 Webchat If you do not have access to the internet or do not feel confident using it We Are Group support@wearegroup.com Telephone: 03300 160 051 Monday to Friday, 9am to 5pm Closed on bank holidays Text FORM to 60777 and someone will call you back Find out about call charges Apply for probate by post The form you need to fill in depends on whether the person left a will or not. If there鈥檚 a will, fill in application form PA1P . If there鈥檚 not a will, fill in application form PA1A . If you鈥檝e reported the full estate to HMRC , before applying you must: start paying Inheritance Tax, if there is any wait for HMRC to send you a letter with a code before you apply It takes longer to process paper applications than online applications. Apply online if you can. Check how to track the progress of your application .

Your application will be reviewed by the Probate Service. Track your application If you applied online, sign in to the probate service to track your application. If you applied by post, you should receive a letter or email within 12 weeks. If you do not, you can contact the Courts and Tribunals Service Centre. Courts and Tribunals Service Centre contactprobate@justice.gov.uk Telephone: 0300 303 0648听 Monday to Friday, 9am to 1pm Closed on bank holidays Find out about call charges 听 Webchat If your application is approved The will and any additions to it (鈥榗odicils鈥�) will be kept by the probate registry and become a public record. If you sent in the death certificate, it will be returned to you. What you鈥檒l get You鈥檒l get a document that allows you to start dealing with the estate. This will be one of the following: a 鈥榞rant of probate鈥� - if the person left a will 鈥榣etters of administration with will annexed鈥� - if the will does not name an executor or the named executor cannot apply 鈥榣etters of administration鈥� - if the person did not leave a will You鈥檒l usually get the grant of probate or letters of administration within 12 weeks of submitting your application. It can take longer if you need to provide additional information. If you ordered copies of your probate document for use outside the UK, these will take longer to arrive than your UK copy. If there鈥檚 anything wrong with the probate document, return it to the district probate registry listed on the grant or letters. What happens next Once you have the grant of probate (or letters of administration) you can start dealing with the estate . Send copies of the probate document to organisations that hold the assets of the person who died, for example their bank.

Applying for probate: What is probate

Applying for probate

What is probate

Probate is the legal right to deal with someone鈥檚 property, money and possessions (their 鈥榚state鈥�) when they die.

You should not make any financial plans or put property on the market until you鈥檝e got probate.

This guide and the service are also available in Welsh (Cymraeg).

There are different and .

How to get probate

You need to apply to get probate. Before applying, you must check:

that probate is needed
that you鈥檙e eligible to apply
whether there鈥檚 Inheritance Tax to pay

Check if probate is needed

Contact the financial organisations the person who died used (for example, their bank and mortgage company) to find out if you鈥檒l need probate to get access to their assets. Every organisation has its own rules.

You may not need probate if the person who died:

only had savings
owned shares or money with others - this automatically passes to the surviving owners unless they鈥檝e agreed otherwise
owned land or property as 鈥�joint tenants鈥� with others - this automatically passes to the surviving owners

Check if you can apply for probate

Only certain people can apply for probate. Who can apply depends on whether or not there鈥檚 a will.

If there鈥檚 a will, executors named in it can apply.

If there鈥檚 not a will, the closest living relative can apply.

Value the estate and work out Inheritance Tax

Before applying for probate, you must find out if you need to pay Inheritance Tax.

To do this, you need to estimate the value of the estate of the person who died. Even if there鈥檚 no tax to pay, you鈥檒l need the value as part of your probate application.

Apply for probate

You can apply for probate online or by post after you鈥檝e valued the estate.

Get help and advice

If you鈥檝e not applied yet and have a question about applying for probate, contact the Courts and Tribunals Service Centre.

Courts and Tribunals Service Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges

Email: contactprobate@justice.gov.uk

Stopping a probate application made by someone else

You can challenge an application for probate (鈥榚nter a caveat鈥�), before it鈥檚 granted. For example, if there鈥檚 a dispute about who can apply for probate or whether there鈥檚 a will.

View a printable version of the whole guide

Step 1
1. Register the death
Check what to do if:
Step 2
The Tell Us Once service allows you to inform all the relevant government departments when someone dies.
1. Use the Tell Us Once service to tell government
2. If you cannot use Tell Us Once, tell government yourself
You'll also need to tell organisations outside government, like employers and private pension providers, banks, and utility companies.
Step 3
Step 4
You might be eligible for financial help.

Check if you can get:
and
Your tax, benefit claims and pension might change depending on your relationship with the person who died.
1. Manage your tax, pensions and benefits if your partner has died
2. Check how benefits are affected if a child dies
and
Get help with managing grief and the things you need to do when someone dies.
1. Find bereavement help and support
2. Find bereavement services from your local council
and
If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa.

Check the rules if:
- you're in the UK as the partner of a British Citizen or someone with indefinite leave to remain
- your partner who died served as a member of HM Forces
1. Contact UKVI to check the rules for other visas
Step 5
To find out if there鈥檚 Inheritance Tax to pay, you need to estimate the value of the property, money and possessions (the 鈥榚state鈥�) of the person who died.
1. Estimate the value of the estate to find out if you need to pay Inheritance Tax
1. Find out how to report the value of the estate
1. Pay Inheritance Tax if it鈥檚 due
Step 6
You might need to apply for probate before you can deal with the property, money and possessions (the 鈥榚state鈥�) of the person who died.
1. Check if you need to apply for probate
1. Apply for probate
Step 7
Pay any debts or taxes owed by the person who's died. You can then distribute the estate as set out in the will or the law.
1. Deal with the estate
1. Update property records

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Applying for probate

What is probate

How to get probate

Check if probate is needed

Check if you can apply for probate

Value the estate and work out Inheritance Tax

Apply for probate

Get help and advice

Stopping a probate application made by someone else

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Step 3

Step 4

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Step 5

Step 6

Step 7

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Applying for probate

What is probate

How to get probate

Check if probate is needed

Check if you can apply for probate

Value the estate and work out Inheritance Tax

Apply for probate

Get help and advice

Stopping a probate application made by someone else

Part of What to do when someone dies: step by step

Step 1: Register the death , Show this section

Step 2: Tell government about the death , Show this section

Step 3: Arrange the funeral , Show this section

Step 4: Check if you can get bereavement benefits , Show this section

and Deal with your own benefits, pension and taxes , Show this section

and Find bereavement support and services , Show this section

and Check if you need to apply to stay in the UK , Show this section

Step 5: Value the estate and check if you need to pay Inheritance Tax , Show this section

Step 6: Apply for probate , Show this section

Step 7: Deal with the estate , Show this section

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