Probate Application Checklist

A grant of probate — or letters of administration where there is no valid will — gives you the legal authority to deal with someone's estate. Applying is the last step rather than the first, because you need date-of-death valuations for everything they owned and owed before you can complete it, and inheritance tax generally has to be dealt with before a grant is issued. Gathering all of that in advance makes the process considerably smoother. Use this checklist to work through it.

Value the estate before you apply

The application is the last step, not the first. Before you can complete it you need date-of-death valuations for everything the person owned and owed — bank and savings accounts, property, investments, pensions, life policies, personal possessions of real value, and all debts including funeral costs. Write to every institution with a copy of the death certificate and ask for the balance at the date of death. That process takes weeks, and it is what determines the inheritance tax position.

  • First: register the death, obtain several certified copies of the certificate, and locate the original will if there is one.
  • Then: notify every institution, gather valuations, and establish whether inheritance tax is payable, since tax generally has to be dealt with before a grant is issued.
  • Only then: apply for the grant, and afterwards collect in the assets, settle debts and distribute what remains.

Check whether you need a grant at all. Institutions each set their own threshold below which they release funds on a death certificate and an indemnity, and assets held jointly usually pass automatically to the survivor outside the estate.

Do not distribute early. Executors and administrators are personally liable for getting the administration right, including for tax and for creditors who appear later. Advertising for creditors and allowing the statutory period to run protects you.

Documents needed

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Financial information

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HMRC inheritance tax requirements

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Helpful organisations

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Frequently asked questions

How long does the whole administration take?
Getting the grant is only part of it. Valuations, inheritance tax, selling a property, dealing with income tax to the date of death and allowing the period for creditor claims all take time. A straightforward estate commonly takes the better part of a year from death to final distribution, and one involving a property, a business or an intestacy considerably longer. Tell beneficiaries this early — most frustration comes from expectations set too optimistically at the outset.
What if the estate cannot pay the inheritance tax before the grant?
This is a common problem, because tax is generally due before the grant is issued but the money is locked in the estate until it is. There are established routes: banks will often release funds directly to pay the tax under the direct payment scheme, tax on property can be paid in instalments, and a short-term executor's loan is sometimes used. Speak to HMRC and the institutions early rather than assuming you must fund it personally.
Can I be held personally liable for mistakes?
Yes. Personal representatives are personally liable for administering the estate correctly, including paying the right tax and settling debts before distributing. If you distribute and an unknown creditor or a claim then appears, you may have to make good the shortfall yourself. Placing statutory advertisements for creditors and waiting the specified period gives protection, as does allowing the period for family provision claims to pass before final distribution.
What if beneficiaries disagree with how I am handling things?
Keep clear records and communicate. Most disputes come from silence rather than wrongdoing, so a short written update every couple of months prevents a great deal of trouble. Beneficiaries are entitled to see the estate accounts. If a dispute becomes serious, take advice early and consider mediation — contested estate litigation is expensive and the costs usually come out of the estate, reducing what everyone receives including the person who brought the claim.

Related guides

Grant of Probate: The Probate Process Explained

A Grant of Probate is the legal document issued by the Probate Registry that confirms the executor's authority to deal with the deceased person's estate. Most financial institutions and land registries require a Grant of Probate before releasing assets. This guide explains when you need probate, how to apply, what it costs, and what happens during estate administration.

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Inheritance Tax Basics

Inheritance tax (IHT) is charged at 40% on the value of an estate above the nil-rate band threshold. With careful planning — using available exemptions, reliefs, and lifetime gifting — many families can significantly reduce or eliminate their IHT liability. This guide explains the key rules and the main planning opportunities available.

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Making a Will

A will is the only way to ensure your assets go to the people you choose after your death. Without a valid will, the intestacy rules determine who inherits — and these may produce very different results from your wishes, particularly if you are unmarried, have stepchildren, or have a complex family situation. Making a will is one of the most important legal steps you can take.

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Disclaimer

This information is for general guidance only and does not constitute legal, financial, or professional advice. Always check official sources and seek qualified help where needed.