What is probate

Probate is the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die.

You should not make any financial plans or put property on the market until you’ve got probate.

This guide and the service are also available in Welsh (Cymraeg).

There are different probate rules in Scotland and probate rules in Northern Ireland.

How to get probate

You need to apply to get probate. Before applying, you must check:

  • that probate is needed
  • that you’re eligible to apply
  • whether there’s Inheritance Tax to pay

Check if probate is needed

Contact the financial organisations the person who died used (for example, their bank and mortgage company) to find out if you’ll need probate to get access to their assets. Every organisation has its own rules.

You may not need probate if the person who died:

  • only had savings
  • owned shares or money with others - this automatically passes to the surviving owners unless they’ve agreed otherwise
  • owned land or property as ‘joint tenants’ with others - this automatically passes to the surviving owners

Check if you can apply for probate

Only certain people can apply for probate. Who can apply depends on whether or not there’s a will.

If there’s a will, executors named in it can apply.

If there’s not a will, the closest living relative can apply.

Value the estate and work out Inheritance Tax

Before applying for probate, you must find out if you need to pay Inheritance Tax.

To do this, you need to estimate the value of the estate of the person who died. Even if there’s no tax to pay, you’ll need the value as part of your probate application.

Apply for probate

You can apply for probate online or by post after you’ve valued the estate.

Get help and advice

If you’ve not applied yet and have a question about applying for probate, contact the Courts and Tribunals Service Centre.

Courts and Tribunals Service Centre
Telephone: 0300 303 0648
Monday to Friday, 9am to 1pm
Closed on bank holidays
Find out about call charges
Webchat
Email: contactprobate@justice.gov.uk

Stopping a probate application made by someone else

You can challenge an application for probate (‘enter a caveat’), before it’s granted. For example, if there’s a dispute about who can apply for probate or whether there’s a will.

  1. Step 1 Register the death

  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

  4. Step 4 Check if you can get bereavement benefits

  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