Applying for Probate
Probate is the formal legal process that gives someone authority to deal with a person’s estate after they have died. This usually involves obtaining court approval so that assets can be collected, debts paid, and the estate distributed.
In most cases, the executor named in the will applies for probate. If there is no will, an administrator must apply instead. Once probate (or letters of administration) has been granted, the estate can be managed lawfully.
While many probate applications are straightforward, complications can arise where estates are complex, documents are missing, or disputes occur.
At Zavri Law, our experienced wills and probate solicitors can guide you through every stage of the probate process, offering clear advice and fixed-fee support tailored to your situation.
What This Guide Covers
When probate is required
How to apply for probate when there is a will
How to apply if there is no will
Whether you can stop someone else’s probate application
Probate application fees and costs
What happens after probate is granted
When Do You Need to Apply for Probate?
There is no formal deadline for applying for probate, but it is usually one of the first steps in dealing with an estate. Without probate, it can be difficult or impossible to access bank accounts, sell property, or distribute assets.
You will usually need probate if:
The estate is worth more than £10,000, or
The deceased owned property in their sole name
You may not need probate if:
The estate is small, or
Most assets were jointly owned and pass known as survivorship
Each estate is different, so it is often worth seeking advice before proceeding.
How to Apply for Probate When There Is a Will
You can apply for probate if:
The deceased lived primarily in England or Wales
A valid will exists
You are named as an executor in the will
To apply, you will need:
The original will
The death certificate
Details of the estate’s value and assets
If inheritance tax is payable, you must submit the relevant tax forms and wait at least 20 days before submitting your probate application.
How to Submit Your Application
You can apply:
Online, followed by posting the original will and documents to HMCTS Probate Office using tracked delivery, or
By post, using the paper probate application form with all supporting documents and the application fee
How to Apply for Probate If There Is No Will
If the deceased did not leave a will, you cannot apply for a grant of probate. Instead, you must apply for letters of administration.
Letters of administration:
Appoint an administrator to manage the estate
Are public records that anyone can view
The application process is very similar to a probate application, but the rules of intestacy determine who can apply and who inherits the estate.
Can You Stop Someone Else From Applying for Probate?
If you have concerns about the validity of a will or believe probate should not proceed, you can temporarily prevent an application by entering a caveat.
A caveat:
Stops a probate application for six months
Can be renewed if needed
Costs £3
To apply for a caveat, you must be aged 18 or over. Applications can be made online or through a probate registry.
How Much Does It Cost to Apply for Probate?
Court Fees
£273 if the estate is valued over £5,000
No application fee for estates under £5,000
£1.50 per additional sealed copy of the grant
Ordering multiple copies can help speed up communication with banks and other institutions.
Solicitor Fees
The cost of using a solicitor depends on the complexity of the estate. On average:
At Zavri Law, we provide transparent fixed-fee quotes wherever possible.
What Happens After You Apply for Probate?
Once submitted, probate applications typically take up to 16 weeks to be processed. You must wait until the grant has been issued before dealing with the estate.
After probate is granted, your responsibilities may include:
Collecting and safeguarding estate assets
Opening a bank account in the estate’s name
Paying outstanding debts and expenses
Settling any inheritance tax due
Distributing assets to beneficiaries
Finalising and closing the estate
How Zavri Law Can Help
Our probate solicitors support clients at every stage of the probate process, from initial guidance through to full estate administration.
We offer:
Clear, practical legal advice
Fixed-fee probate services
Support with complex or disputed estates
Contact Zavri Law today for a free initial assessment and a transparent quote tailored to your circumstances.
Disclaimer
This content is provided for general information purposes only and does not constitute legal advice. Probate law can be complex and fact-specific. You should always seek professional legal advice before taking action.
