Applying for probate

Skip contents

If there’s a will

You can apply for probate if you’re named as an executor in either the will or an update to it (known as a ‘codicil’).

The person who died will normally have told you if you’re an executor.

You’ll only inherit assets (for example, money or property) if you’re also named as a beneficiary in the will.

Before you apply for probate, you need to estimate the value of the estate of the person who died. You’ll need this estimate when you apply.

Find the original will

You’ll need to send the original will with your probate application - you cannot use a photocopy. The probate registry will keep the will and it’ll become a public record.

The person who died should have told all the executors where to find the original will and any updates, for example:

Get help from Citizens Advice or a probate practitioner (such as a solicitor) if you cannot understand a will.

If there’s more than one will, send in the most recent one. Do not destroy any copies of earlier wills until you’ve received probate.

If the original will is lost, you may be able to apply for probate with form PA13.

If there’s more than one executor

If more than one person is named as an executor, you must all agree who makes the application for probate.

Up to 4 executors can be named on the application.

If only one executor is named on the application they’ll need to prove that they tried to contact all executors named in the will before they applied.

If you’re having problems finding the other executors, you can contact the Probate Call Centre.

Probate Call Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Email: [email protected]

The Probate Call Centre cannot help with disagreements between executors. You’ll need to find another way to reach an agreement - this could mean getting legal advice.

If you do not want to be an executor

You can give up your right to apply for probate or appoint someone else to apply for you.

Keep the right to apply later

If more than one executor is named in the will, you can choose not to apply now but reserve the right to apply later. This is known as holding ‘power reserved’.

Tell the person who’s making the probate application that you’re holding power reserved. You need to do this in writing.

Give up your right to apply

Fill in form PA15 to give up your right to apply permanently. This is known as ‘renunciation’.

Appoint someone to apply on your behalf

You can appoint someone to apply for you if either:

  • you’re the only executor named in the will
  • there are other executors named in the will, but all of them are either holding ‘power reserved’ or have given up their right to apply permanently

Fill in form PA11 to appoint someone to apply for you.

Alternatively, you can appoint an attorney to apply for you using a signed enduring power of attorney (EPA) or a registered lasting power of attorney (LPA).

If an executor is unable to apply

Check who can apply for probate if an executor has died or is unable to apply because they have a mental health condition or impairment.

If the executor cannot apply because they have a mental health condition or impairment, you will need to get a medical professional, like a doctor, to fill in form PA14 before anyone applies.

Read the will to check whether:

  • the executor has a named substitute
  • the conditions have been met for the substitution to take place

The substitute can then apply along with any other executors.

If there’s no substitute but there are other executors who can apply, the other executors can apply straight away.

If there are no other executors and no substitute

Another ‘entitled’ person will need to apply. If the executor died, this is any beneficiary of the will who wants to apply.

If the executor has a mental health condition or impairment, one of the following can apply:

  • the executor’s court appointed deputy
  • someone with power of attorney for the executor, if there’s no deputy
  • a beneficiary of the will, if there’s no deputy or anyone with power of attorney

Get legal advice if you’re unsure who can apply.

View a printable version of the whole guide

Part of What to do when someone dies: step by step

  1. Step 1 Register the death

    1. Register the death

    Check what to do if:

  2. Step 2 Tell government about the death

    The Tell Us Once service allows you to inform all the relevant government departments when someone dies.

    1. Use the Tell Us Once service to tell government
    2. If you cannot use Tell Us Once, tell government yourself

    You'll also need to tell banks, utility companies, and landlords or housing associations yourself.

  3. Step 3 Arrange the funeral

    1. Arrange the funeral
    2. Get help paying for a funeral
    3. Get help paying for a child's funeral

  4. Step 4 Check if you can get bereavement benefits

    You might be eligible for financial help.

    Check if you can get:

  5. and Deal with your own benefits, pension and taxes

    Your tax, benefit claims and pension might change depending on your relationship with the person who died.

    1. Manage your tax, pensions and benefits if your partner has died
    2. Check how benefits are affected if a child dies

  6. and Find bereavement support and services

    Get help with managing grief and the things you need to do when someone dies.

    1. Find bereavement help and support
    2. Find bereavement services from your local council

  7. and Check if you need to apply to stay in the UK

    If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa.

    Check the rules if:

    1. Contact UKVI to check the rules for other visas

  8. Step 5 Value the estate and check if you need to pay Inheritance Tax

    To find out if there’s Inheritance Tax to pay, you need to estimate the value of the property, money and possessions (the ‘estate’) of the person who died.

    1. Estimate the value of the estate to find out if you need to pay Inheritance Tax
    1. Find out how to report the value of the estate
    1. Pay Inheritance Tax if it’s due

  9. Step 6 Apply for probate

    You might need to apply for probate before you can deal with the property, money and possessions (the ‘estate’) of the person who died.

    1. Check if you need to apply for probate
    1. Apply for probate

  10. Step 7 Deal with the estate

    Pay any debts or taxes owed by the person who's died. You can then distribute the estate as set out in the will or the law.

    1. Deal with the estate
    1. Update property records