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Probate Application

Applying For Probate

Probate is the legal process of getting court approval to manage a deceased person's estate. Usually, the executor named in the will, or an administrator if there's no will, applies for probate. Once granted, they can start handling the estate affairs.

Applying for probate is usually straightforward, especially for simpler estates. However, it can sometimes get complicated or disputes may arise.

At Lawhive, our network of solicitors who specialise in wills, trusts, and probate can help you through the probate application process. Contact us today for a fixed fee quote and to learn more about how we can assist you.

• When do you need to apply to get probate?

• How to apply for probate if there's a will

• How to apply for probate if there's no will

• Can you stop a probate application made by someone else?

• How much does it cost to apply for probate?

• What happens after you apply for probate?

When do you need to apply to get probate? 

There's no strict deadline for applying for probate, but it's usually one of the first steps in managing an estate. Without court permission, it's hard to handle the estate properly.

Probate is often needed if the estate is worth over £10,000 or the deceased solely owned a property. However, for smaller estates, probate might not be necessary, especially if most of the assets included in a will are jointly owned. 

How to apply for probate if there’s a will

You can apply for probate if the deceased lived mainly in England or Wales, had a will, and you’re the executor or next of kin according to the rules of intestacy. 

To make a probate application, you’ll need the original will, death certificate, and information about the estate’s value. If inheritance tax is due, you must wait 20 days after submitting the tax forms before applying. 

After completing the online form to apply for probate, you’ll need to send the original will and supporting documents to the HMCTS Probate Office using a tracked postal service. Alternatively, you can apply by paper form, including the probate application form, original will, completed inheritance tax forms, the application fee, and any other supporting documents. 

How to apply for probate if there's no will

When there is no will technically you won’t apply for probate, you will instead have to apply for a grant of letters of administration. Letters of administration are public documents which means that anyone can see them. 

The probate application process is largely the same as applying for a grant of probate.

Can you stop a probate application made by someone else?

If you're unsure about the validity of a will or suspect there may not be one, you can stop someone else from applying for probate for six months. This is called applying for a caveat. 

To apply for a caveat, you need to be at least 18 years old. You can apply online or visit a probate registry, and it costs £3.

How much does it cost to apply for probate?

The application fee for a grant of probate is £273 if the estate is valued at more than £5,000. For estates valued below £5,000, it costs £1.50 for each additional copy of the probate document requested. Ordering multiple copies helps speed up the application process by providing them to various institutions involved in probate. 

The cost for a licensed solicitor to assist with a probate application varies based on factors like complexity and specific case requirements. On average, it ranges from £375 to £500, but in some instances, it could be as much as £525.

What happens after you apply for probate?

After you have applied for probate, it can take up to 16 weeks to receive your probate document. You must wait until you have received this before administering the estate.

Once your application has been approved and you have been appointed as administrator of the estate or personal representative you will need to:

• Collect the property of the person who died

• Open a bank account in the name of the estate 

• Pay any outstanding debts from the estate

• Pay any inheritance tax due

• Distribute the estate’s assets and close the estate  

How can Lawhive help?

At Lawhive our network of probate solicitors can help you navigate the probate process.

To get started, contact us today for a free case evaluation and fixed-fee quote.