 who died has left money or property in a trust
- the person who died owned land or property abroad
- the person who died owned a business
- anyone is likely to dispute the will.
The legal fees can be paid for from the estate.
If there are any problems with the way that executors or administrators deal with the estate, for example, if there is unreasonable delay or if the executors or administrators misuse their legal powers, you will need legal advice.
For more information about getting legal advice, see Using a solicitor.
How long does it take to get probate or letters of administration
The time it takes to get probate or letters of administration varies according to the circumstances. It may only take three to five weeks if there are no complications, inheritance tax is not payable, the estate is straightforward and all forms are filled in properly. However, in more complicated cases, it may take much longer.
How to apply for probate or letters of administration
To apply for probate or letters of administration, you need to fill in a number of forms. You always need to fill in form PA1. This form asks for details about the person who has died, their surviving relatives, the personal representative and some details about the will, if there is one.
You will also need to fill in other forms depending on what is in the estate and how much it is worth.
You can obtain the forms and further advice by telephoning the HMRC Probate and Inheritance Tax Helpline on 0300 123 1072. The Welsh language helpline is 0845 302 1489.
PA1 and other forms can be found on GOV.UK at www.gov.uk.
You will have to go for an interview at a probate registry when you have sent in the forms, so return the forms to the probate registry where you would like to go for the interview. With the forms, you also have to send:
- the original will (if there is one) and three copies
- the death certificate
- the inheritance tax forms
- the probate fee.
Make sure you keep copies of the forms and anything else you have had to send with the forms.
The probate fee
The fee for applying for probate or letters of administration depends on the value of the estate. There is no fee where the value of the estate is less than £5,000. The fee for an estate valued at £5,000 or more is £215.
You can apply to pay a reduced fee, or no fee, if you are on a low income or face financial hardship. Apply on form EX160 which you can get from the website of Her Majesty's Courts and Tribunals Service. Go to www.hmcourts-service.gov.uk .
Going to the interview at the probate registry
When they have looked at your forms, the probate registry will send you details of how to arrange an interview at the probate registry to swear the oath.
You need to take all relevant documents and letters with you, for example, bank books, share certificates and details of any debts of the person who has died. You also need to take identification with you, for example, your passport or driving licence.
The probate registry will have transferred all the details onto the official legal papers by the time of the interview. You should read these very carefully and check all the details. You are legally responsible for making sure the documents are correct and you have to confirm on oath that the details are accurate.
If it is inconvenient for you to go to a probate registry you may be able to confirm the oath at a local solicitor's office that also offers a 'commissioner for oaths' service. There will be a small charge for this. If you want to do this you should write 'solicitor's office' in the box labelled 'interview venue' on the PA1 form. This option is not available in all cases.
Whether or not probate or letters of administration is needed, you have to inform HM Revenue and Customs (HMRC) of the death, in case inheritance tax is payable.
Inheritance tax may have to be paid if the estate is valued at more than £325,000. There are some exceptions to this rule, for example, if the husband, wife or civil partner inherits the estate.
If inheritance tax has to be paid, some of the tax must be paid before prob