4. Applying for a grant of representation

You can apply for a grant of representation yourself or use a solicitor.

There are 4 steps to follow.

  1. Complete a probate application form.

  2. Complete an Inheritance Tax form.

  3. Send your application.

  4. Swear an oath.

Complete a probate application form

You can either:

Complete form C1 to apply for confirmation in Scotland.

Complete an Inheritance Tax form

You must work out how much the estate is worth. Depending on its value, there may be Inheritance Tax to pay.

You must also fill in the appropriate Inheritance Tax form - even if you think no tax is owed.

You may get a penalty if you send inaccurate information on your Inheritance Tax form.

If there’s tax to pay, you normally have to pay at least some of it before a grant of representation is issued to you.

You can claim the tax back from the estate or the beneficiaries, if you pay it out of your own bank account.

Send your application

Send your application to your local Probate Registry.

You should include:

  • the probate application form PA1
  • the Inheritance Tax form
  • an official copy of the death certificate
  • the original will and 3 copies - and any codicils (additions or amendments to it)
  • the application fee of £215 - a cheque made payable to HM Courts and Tribunals Service (there’s no fee if the estate is under £5,000)

You can pay for extra copies of the grant (50p each) - this means you can send them to different organisations at the same time.

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 either:

  • the office of a commissioner for oaths (usually a solicitor)
  • a local 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.