bate 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 probate or letters of administration is granted. Once probate or letters of administration has been has been granted, the final tax bill will be sorted out.
For more about inheritance tax, see Inheritance tax.
After probate or letters of administration has been granted
After the interview, you will get a letter saying how much inheritance tax is still left to pay.
Once this has been paid, probate or letters of administration will be sent to you in the post. It includes details of the gross and net estate, that is, the value of the estate before and after debts have been deducted. A photocopy of the will, stamped to prove it is an official copy, is also sent. Both the probate/letters of administration and the will are public documents and can be examined by anyone who wants to see them.
Once you have got probate or letters of administration, you can begin to deal with the estate and share out the property.
If you are an executor and you do not wish to act
Even if you have been named as an executor in someone's will, you may not wish to, or be able to, act. You can appoint someone else to apply for probate on your behalf. To do this, fill in their details on form PA1. The other person will then be sent a form to sign.
Example: Jane's father died. In his will, he named his wife, Amara as his executor and left his estate to her. Amara is too frail to carry out the duties of executor so she appoints Jane to act on her behalf.
You may not want to appoint someone else to act for you. You can still refuse to act, as long as the person who made the will has died and you have not already started to deal with the estate. This is called renouncing.
To renounce, you fill in a form, called a form of renunciation. You can buy this form from a specialist legal stationers such as Oyez. You can order forms from their website at: www.oyezformslink.co.uk. You then file the form at a probate registry, together with the will.
This means that someone else could then apply for letters of administration.
The GOV.UK website has a useful check