Applying For Probate

This is the procedure of requesting a legal document from HM Courts & Tribunals Service that will allow you to take control of the estate of a deceased person.

While applying may sound simple, the ramifications can be time consuming, drawn-out and distressing. When a loved one has passed away you may not want to be burdened with the responsibility of dealing with the deceased affairs.

IWC offer a complete estate administration service which includes applying for probate, dealing with beneficiaries, debtors, creditors, banks and financial institutions, including HMRC.

Fully Qualified Probate Practitioners - your work will be carried out by a full STEP member or Law degree certified professional.

Low Cost, Fixed fees - our costs are agreed with you in advance, we even operate a price promise guarantee.

No upfront payment required - our fixed fee can be paid from the estate later.

Free Help & Advice - Call 0800 612 6105 or make a no-obligation appointment, we can answer any questions you may have about probate.

Who can apply for Probate?

With a Will (testate) - The executor/s named in the will. Normally one executor will apply for the Grant and administer the estate. However, up to 4 executors can apply jointly if necessary. If the executor is under 18, a joint application must be made with another executor or guardian.

Without a Will (intestate) - The Rules of Intestacy must apply; the statutory law that determines what happens when there's no will. It includes a strict hierarchy detailing who can apply for the letters of administration. It is sensible to seek legal assistance, call IWC free on 0800 612 6105 or follow the link to find out more about intestacy rules.

Making an Application for Probate

The first step in applying is to gather together all relevant paperwork as original documents will have to be submitted. You'll also have to value the estate. This will then enable you to fill out the required forms relating to probate and inheritance tax. These are submitted along with the fees to HM Courts & Tribunals and HMRC. You'll then receive an appointment through to attend an interview at the probate registry where you'll confirm the information presented is correct and swear an oath. Provided there are no problems, the grant or letters of administration are issued.

Probate Forms

Probate form PA1 is the main application form everyone one completes

PA3 details probate fees that relate and must be enclosed with your application

PA4 is a directory of interview venues and UK registries

IHT205 is to be completed if the estate is excepted

IHT400 is a full inheritance account to be submitted if the estate is liable

Is Legal Representation Required?

The short answer to this is no, applying can be done by yourself as an individual. However it is recommended that you seek legal assistance in the following circumstances:

• Where there is no will
• When someone is likely to contest the will or contest probate
• In the case of disputes between executors
• When the estate is liable for inheritance tax
• If the assets consist of shares or are held in Trust
• If the deceased lived or has assets abroad

If you're concerned about applying, call IWC free-phone on 0800 612 6105, lines are open until 10pm, 7 days a week.