Guide to probate
How to do it yourself
It's a morbid topic, but when someone dies, you may be in charge of sorting out their property, money and other possessions in a process known as 'probate'. For all but the most complicated cases you can do it yourself – potentially saving £1,000s.
This guide explains what probate is and helps with a step-by-step process for you to follow. It will help you save money arranging probate – something which may be all the more important from April 2019 when half of all estates will face higher costs following a major shake-up in probate fees paid to the Government.
In this guide
This is the latest incarnation of this guide. Please suggest any changes or questions in the Probate discussion. Also see our Power of Attorney, Death Happens – Plan For It, Cheap and Free Wills and What To Do When Someone Dies guides.
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What is probate?
When someone dies and leaves property, money and possessions – their estate – you need to sort out who gets what.
To do this, you need what is known as a 'grant of representation'. This proves your authority to administer the estate. What form this takes will depend on whether a will has been left.
If the deceased left a will and appointed an executor (sometimes more than one executor is named), that person will need to get what is known as a 'grant of probate'.
However, if there is no will, the next of kin apply for what is known as a 'grant of letters of administration'.
The process of applying to the court for the grant and the document you use to manage the estate is often generically referred to as 'probate' – for the sake of this guide and simplicity, this is the term we will use.
Probate is the same for everyone in England, Wales and Northern Ireland, but if you live in Scotland it's called 'confirmation'.
Put simply, and in order, the executor's job and the process of dealing with probate involves:
- Gathering any assets, eg, money left in bank accounts.
- Paying any bills.
- Distributing what's left according to the will.
Does everyone need to use probate?
No. Many estates don't need to go through this process. If there's only jointly-owned property and money which passes to a spouse or civil partner when someone dies, probate will not normally be needed.
If you're not sure whether probate is necessary, seek advice from HM Revenue & Customs (HMRC).
How long does probate take?
Provided there are no complications, it usually takes between four and eight weeks to get a grant of probate after you've submitted the application.
Once you've got it, the amount of time it takes to complete depends on the estate's complexity. An estate that includes property to sell, or multiple shares and investments, will take longer to deal with than one simply consisting of money in a bank account.
Quick question
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How much does probate cost?
There's an upfront fee for probate, whether you decide to go it alone or appoint the help of a probate specialist.
Going through probate without any help may be daunting, but you don't need to throw money at it to give you confidence – you could end up wasting £1,000s. Don't be scared of probate. The biggest message here is...
You don't need to waste money on a probate specialist if you're dealing with an uncomplicated estate – it's much cheaper to do it yourself.
Up until April 2019 when the new fees are expected to come in (subject to Parliamentary approval), application fees for probate are £155 if you apply through a solicitor and £215 if you're taking the DIY option. Estates worth less than £5,000 pay no fee.
Additional copies of the probate form can be ordered for 50p each. Multiple copies are essential for the administration process, so it's a good idea to order a few extra copies.
DIY probate – best option for most
We asked our users who have been through the probate process to pass on any useful hints and tips. Those who did use a specialist for more simple estates admitted they wished they'd gone down the DIY route.
Although those who opted for the DIY approach said it was sometimes a complicated and time-consuming process, they all seemed to agree it was a welcome distraction from their grieving and gave them something to focus on at what is obviously a very difficult time.
If you're dealing with a complicated estate, or don't feel confident sorting out probate yourself even after reading this guide, we've got a section below on how to appoint a specialist and how much it will cost you.
MoneySavers' top tips
Tips from our users who've been through probate…
- Be organised! Lots of MoneySavers got in touch to say before you do anything, go out and buy a notebook and folders to keep track of everything methodically. You know how you work best, but preparation is key.
- Get extra copies of the death certificate. By far the most repeated advice. The death certificate is an official copy of what's on the death register, often needed as proof by companies and financial institutions such as banks and insurance firms.
These are £4 each in England and Wales, £8 in Northern Ireland and £10 in Scotland. This goes up to around £7-£15 if you want more copies at a later date, so it's worth buying as many copies as you'll need to avoid paying extra down the line – typically you'll need about five.
DIY probate: The eight steps
Most probate cases follow the same process, so below we'll start by outlining the main steps you'll go through if doing probate yourself and not enlisting the help of a specialist.
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Guide to probate
Register the death
You'll need a copy of the death certificate for each of the deceased's assets (eg, each bank account, credit card, mortgage etc), so before you can start probate, you'll need to register the death.
You'll usually need to do this within five days in England, Wales and Northern Ireland, or eight days in Scotland – though this doesn't apply if the death's reported to the coroner.
To do this, go to the register office for the area where the death happened – use Gov.uk to find it. You may need to book an appointment, so it's worth phoning first.
What documents to take
You'll need the medical certificate of the cause of death, plus a birth certificate, marriage or civil partnership certificate or NHS medical card if available. A relative will usually need to register the death, if possible, but others are allowed to do this in some circumstances.
There's a useful Gov.uk tool to help you find exactly who can do it, and what documents are needed, for where you are in the UK. The registrar will then give you a certificate for burial or cremation, and a certificate of registration of death (more commonly known as a death certificate).
Report a death to all Government organisations in one go
In some areas, you can use the Government's Tell Us Once service to report the death to most Government organisations in one go, including council tax, benefits, passport and driving licence info.
Not all councils do this though – check if yours does when you're registering the death, as it'll need to give you a number to use for this. See Gov.uk.
Report a death to banks, building societies and other financial firms in one go
The Death Notification Service works UK-wide and has been set up by trade association UK Finance and the major banks. It aims to make it quicker and easier for anyone who's suffered a bereavement to notify banks and building societies in one step.
It's recommended that you create an account with the Death Notification Service, though you don't have to. Doing so ensures you get confirmation when notifications have been received by banks, building societies and other firms. Creating an account also allows you to contact more firms if you discover the deceased person had an account with them later on.
For a full list of what firms the service covers, see our news story on the new service.
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Find out if there's a will
Before you do anything else, find out if there's a will. It's a good idea to start looking for a will in the first week after the death if you can, as it may also have other instructions such as funeral plans. If you don't have a will yourself and want one, see our Cheap and Free Wills guide.
It's important to establish if there's a will as it says who the executor is. It also names who'll get any assets left. If the will doesn't name an executor, or the person who has been named can't take on the position for any reason, it gets more complicated.
However, there is a process to follow. Any beneficiaries of the estate – usually a close relative such as a spouse, child or parent – can apply to the probate registry to be what is known as an 'administrator' of the estate instead.
What if there isn't a will?
If no valid will has been left, the deceased has died 'intestate'. In this instance, laws known as intestacy rules govern how their estate should be distributed. Unmarried or divorced partners normally don't inherit anything under intestacy rules.
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Apply for a grant of probate and sort inheritance tax
Once you know who the executor is – the person authorised to deal with the deceased's property, money and possessions – they need to apply for a document known as a 'grant'. (If there is more than one executor, only one needs to apply.) It shows you have the right to access funds, sort finances and share out assets.
This stage of the process is heavy on form filling. You'll need to fill out a probate application form and inheritance tax form to get the grant. Follow the steps below to ensure it all goes smoothly:
1. Complete a probate application form. You have two options here. You can fill in the probate application form 'PA1P' yourself, or call the probate and inheritance tax helpline to get help filling in the form.
2. Complete an inheritance tax form. At the same time as submitting the probate application form, you have to submit a form to HMRC to see if the estate's liable for inheritance tax (IHT). If it's below the IHT threshold (£325,000), use form IHT205, or IHT400 if it's above. To do this you'll need to work out how much the estate is worth. See how to value the estate below.
A new allowance was introduced in the 2017/18 tax year that will gradually raise inheritance tax thresholds on main residences going to certain family members. It's called the residence nil rate band and more details are in our Guide to Inheritance Tax. In this case you would have to fill in an IHT400 and an IHT435.
Even if you think there's no tax to pay, you need to make sure you fill out the form. There won't be tax to pay if assets are being transferred to a surviving spouse (see the quick question below for more on this).
If there is tax to pay, you'll need to settle this before the grant is issued to you. You have six months from the end of the month in which the person died to do so. You can defer tax and pay in instalments on some types of assets, including land, some shares and the value of any business owned (not the assets).
If there's enough money in a bank account of the deceased to cover the amount due, it should be possible to arrange a direct payment to HMRC. Most UK banks permit this if you send an IHT423 form.
If there isn't enough money, you'll have to pay out of your own pocket (if you can) and recoup the money from the estate after probate – or take a loan from a bank. The loan can then be repaid from the estate after the grant has been issued and assets released.
But even if the money is borrowed, an estate that consists mainly of the family home may not have enough cash or other assets to repay it. So the family home may have to be sold or mortgaged to do so. If you've tried everything possible but still failed to raise money for the fees, you might be able to apply in 'exceptional' circumstances for help from the Lord Chancellor.
3. Send your application. Next you'll need to send your application to your local probate registry. You should include:
- Probate application form PA1P.
- Inheritance tax form IHT205 or IHT400.
- An official copy of the death certificate.
- The original will and three copies.
- The application fee – a cheque for £155 (if using a solicitor) or £215 made payable to HM Courts & Tribunals Service.
4. Swear an oath. When the forms are complete, you'll be asked to sign the accounts and swear an oath. The probate office will send you an oath and details of how to arrange an appointment. You'll need to swear the oath at the office of a commissioner for oaths (usually a solicitor) or a probate office.
The oath is a promise that the information you've given is true to the best of your knowledge. You should get the grant through the post within 10 working days of swearing the oath. If it's not possible to issue a grant, the probate service will explain why in writing.
Quick questions
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Tell ALL organisations and close accounts
You'll need to tell every organisation you can think of that the deceased had a relationship with, including Government bodies and financial and utility companies. This makes sure you fulfil your responsibilities, get back money owed and ensure no more charges are taken.
Where to check. Go through all paperwork, internet bookmarks and files to find who they had accounts with. They may have had their own financial factsheet with details that'll help, so check with their next of kin.
If you can't find all the deceased's bank, building society or savings accounts, website My Lost Account can find out where they held an account, though it can take up to three months to trace. There are also sites that can help you trace lost pensions and investments too. See our Reclaim Forgotten Cash guide for a full how-to.
Warning. If you've a second credit card... on the deceased's account, it'll be frozen once you've told the bank. If you rely on that card, ask for an account in your name, or see Best Cards for Spending for top deals. If you had a joint account, however, you'll be able to get in contact with the bank and change the account solely into your name.
We've put together a list of some of the main organisations to contact. They won't all apply to everyone, but they'll help you make a start:
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Pay off any debts
Debts will normally need to be paid, but only if the deceased had money left. This includes mortgages, loans, credit and store cards, hire purchase agreements and any other commercial debt – excluding student loans.
- Are outstanding debts passed to family? Importantly, only the deceased's estate is liable for any debts – not their family. If there's only enough to pay some debts, these generally need to be prioritised in this order: secured debts (such as mortgage), funeral costs, then other debts (including taxes).
We've simplified this to give you an idea, but the order of payment required under law is complex. There are rules on how much everyone should get if there isn't enough to pay all of these. Contact Citizens Advice for help. - Make the effort to find other beneficiaries. If there is estate left to share out, it could be worth advertising this in The Gazette (the official public record for notices such as these) and the local newspaper covering the area (particularly if it's a property). Notices cost about £70, but can be claimed back from the estate.
Under the Trustee Act 1925, placing the advertisement means the executor would not be liable if someone came forward later that the executor did not know about at the time of the notice. You must wait at least two months and one day from the date of the advertisement before sharing out the estate. - Debts in joint names. The debt will now be the sole responsibility of the surviving person. If you're concerned about the impact this may have, contact Citizens Advice. See our Debt Help guide for where to get free one-on-one debt-counselling help.
- Check for insurance. This is well worth investigating in case debts are covered by the deceased's life insurance or PPI.
- Mortgages must be paid. This applies even if there's no insurance. In the worst case, you may have to sell the property, but if you're in trouble, contact the lender to discuss options. Also talk to a solicitor or Citizens Advice, and see our Debt Help guide for info on free debt-counselling help.
Reach an agreement with creditors to avoid future problems
If all the deceased's assets pass to their surviving partner there may be no money left in the estate to pay any debts, which could mean they're written off.
However, creditors can apply for an 'insolvency administration order' within five years of the death. This can legally divide any property or assets that automatically pass to a surviving partner, and force a sale.
So first try to come to an agreement with lenders, and try to pay them yourself if absolutely necessary. This is a complex issue, so you may need to discuss it with Citizens Advice.
- Are outstanding debts passed to family? Importantly, only the deceased's estate is liable for any debts – not their family. If there's only enough to pay some debts, these generally need to be prioritised in this order: secured debts (such as mortgage), funeral costs, then other debts (including taxes).
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Claim on any life insurance plans
Life insurance usually pays a lump sum to the spouse or family after the insured person dies. So if the deceased had a life insurance or mortgage life insurance plan, call the provider to let it know they've passed away, and to start the claims process.
If you've any info on the policy, make sure it's to hand when you call, as the policy number and details will help speed up the process. The provider will then let you know what paperwork's needed formally to put in the claim.
If you don't have the policy details, don't worry. The provider should be able to trace details of the plan through the policyholder's name, date of birth and address. It'll also need to see the death certificate to validate the claim, so be prepared to send this.
How long it'll take to come through depends on the circumstances. As a rough guide, it can be anything from a week to several months if the insurance company feels it needs to investigate further.
If you write a life insurance policy in trust, the proceeds from the policy can be paid directly to the beneficiaries rather than to your legal estate, and therefore won't be taken into account when inheritance tax (IHT) is calculated.
This is because a trust works in a similar way to an ISA wrapper – it wraps itself around whatever you have in it (eg, a life insurance policy) and protects it from the taxman, meaning they can't take any tax from money you have in there, or make the money count towards your IHT allowance. It also means it's likely the money will be available sooner than if you had to go through probate to get it.
For help with the claims process, see the Association of British Insurers.
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Value the estate
Once debts and taxes are paid, you'll need to work out the total value of the deceased's assets, known as their estate. When valuing an estate you must include all the assets that the deceased owned or had an interest in:
- Money held in financial institutions.
- Property and land.
- Businesses.
- Investments – stocks, shares, ISAs etc.
- Personal items – eg, jewellery, musical instruments, stamp collections, cars etc.
- Contents of home.
- Money payable on death from a pension (excluding ongoing pension payments to a surviving partner).
- Life insurance payments paid on death, although as above, tax will not be due on policies held in trust.
- Loans made by the deceased to another person.
- Certain types of trust from which the deceased benefited (consider getting professional advice on this).
- An alternatively secured pension fund from which the deceased benefited.
Bank accounts can be added up easily, but property may need a proper valuation to work out what it's worth (see Free house price valuations on how to value a property). Insurance payouts after death may count as part of the estate, depending on the policy, so factor this in.
Gifts given by the deceased within seven years of their death may need to be taken into account, as well as assets they had an interest in (for example, if they gave property to their kids but lived in it rent-free).
See Gov.uk for more on how to value someone's estate.
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Share out the remaining assets
Once you've gone through all these steps, you'll be pleased to hear there's only one big financial task left to tackle – to share out what's left of the estate.
Here, whatever's left once all debts and taxes are paid needs to be distributed. If there's a will, this should be simple as it should state where any remaining assets go.
What if there's no will?
If there isn't a will, the assets are distributed under the 'rules of intestacy' (though the beneficiaries can agree among themselves to redistribute it as they wish).
Generally these mean that if the deceased was married or in a civil partnership with an estate worth £250,000 or less, everything goes to the husband, wife or civil partner (this is known as 'succession' in Scotland and different rules apply – see the Scottish Government website).
There's a complex set of rules around this depending on the surviving relatives, the amount involved and which part of the UK you're in.
Unmarried partners won't automatically get a share
If you weren't married or in a civil partnership, sadly you won't automatically get a share of the estate. But if the person who's died hasn't left you anything in their will, you've the option to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales.
Other dependants may also be able to claim under this too. See Gov.uk to apply. It's worth seeking legal help if you want to do this, or if any family disputes arise – see Citizens Advice for help.
Quick question
Appointing a probate specialist
We've outlined the steps you need to go through if you're happy to go it alone in the section above. If you feel you want to use a specialist, or are dealing with a particularly complicated estate, here are some tips on finding and appointing a probate specialist.
A probate specialist might be a solicitor or accountant, but one thing you can be sure of is they'll charge a fee.
You might want to think about using a probate specialist if:
- The value of the estate is over the inheritance tax threshold and the estate is still earning a regular income where there are complicated taxes due. The threshold for the 2017/18 tax year is £325,000. A new additional main residence allowance was introduced for 2017/18 onwards, gradually raising the tax threshold for some until 2020. For more details, refer to our Guide on Inheritance Tax.
- The deceased died without a will, and it's a complicated estate to administer.
- There are doubts about the validity of the will.
- The deceased had dependants who were deliberately left out of the will, but who might want to make a claim on the estate.
- The estate has complex arrangements, such as assets held in a trust.
- The estate is bankrupt (also known as insolvent).
- There are doubts that the estate is bankrupt.
- The estate includes foreign property or assets.
- The deceased lived outside the UK for tax purposes.
For anything other than this, follow the eight DIY steps above to see if you can go it alone and save some money in the process.
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