I Need to Apply for Probate

A death must be registered within 5 days in England and Wales (or 8 days in Scotland). Register at the local register office where the death occurred. Order multiple certified copies of the death certificate — you will need one for each bank, financial institution, and government body you contact. Order at least 6-10 copies at the point of registration as they are cheaper then than afterwards.

You must establish the total value of the deceased's estate at the date of death. This includes all bank and savings accounts, investments and shares, property (at market value), personal possessions, vehicles, and any business interests. You must also identify all debts (mortgages, loans, credit cards, utility bills, funeral costs). Obtain written valuations from banks and for property. The net estate value determines whether inheritance tax is payable.

Every estate requires an inheritance tax (IHT) form, even if no IHT is due. For excepted estates (where the gross estate is below the IHT threshold), complete the simpler IHT205 or IHT217 (if claiming a transferred nil-rate band from a deceased spouse). For taxable estates above the threshold (£325,000 per person, or up to £1 million with residence nil-rate band and transfers), complete the full IHT400 and supplementary schedules. Any IHT due must be paid to HMRC before the grant is issued.

Apply for the grant of probate through the HMCTS online probate service. You will need the death certificate, the original will, and your IHT reference number (if applicable). The application fee is £273 for estates over £5,000 (free for smaller estates). You will also need to swear or affirm a statement of truth. Once HMCTS issues the grant, it will be sent to you along with sealed copies.

With the grant of probate, you can now access bank accounts, sell or transfer property, pay the deceased's debts, and distribute the remaining assets to the beneficiaries named in the will (or according to intestacy rules if there is no will). Keep a full record of all transactions — you are legally required to produce estate accounts. Once all debts are paid and assets distributed, the estate is wound up. Consider whether to advertise for unknown creditors using a Trustee Act notice to protect yourself from future claims.