Apply for probate

3 tasks in suggested order

1. Apply for probate in England or Wales if a grant is required

If applicable: If the estate is administered in England or Wales and a grant is required.

Check first whether probate is needed and whether you are eligible to apply. If required, complete the HMRC estate/Inheritance Tax step and then use the HMCTS probate application.

When?

After the estate value, will/executor position and any required Inheritance Tax reporting have been checked.

Where / who?

HM Courts & Tribunals Service probate route for England and Wales.

What to prepare?

Death details, original will/codicils where applicable, executor/administrator details, estate value and tax reference/information where required.

What to check?

Not every estate needs probate. Scotland uses confirmation and Northern Ireland has its own probate process.

Official source: GOV.UK

2. Apply for confirmation in Scotland if it is required

If applicable: If the estate is administered under Scots law and confirmation is required.

Scottish confirmation is the court authority used by executors to collect and administer estate assets. Prepare an inventory and use the Scottish sheriff-court process.

When?

After the executor, will/intestacy position and estate inventory are known and confirmation is required.

Where / who?

The appropriate sheriff court in Scotland.

What to prepare?

Executor status, will if any, death certificate, full inventory/values and the forms required for the estate type.

What to check?

Scottish Courts treats estates of £36,000 or less as small estates and estates over £36,000 as large estates; the available sheriff-clerk help differs.

Official source: Scottish Courts and Tribunals Service

3. Apply for probate/another Grant of Representation in Northern Ireland if required

If applicable: If the estate is administered under Northern Ireland law and a grant is required.

Use the Northern Ireland probate process to obtain the appropriate Grant of Representation when the estate requires it.

When?

After the death is registered and the estate, will/executor position and tax requirements are known.

Where / who?

Probate Office / Northern Ireland Courts and Tribunals Service through nidirect.

What to prepare?

Death details, will/codicils if any, applicant/executor details, estate values and NI-required forms/documents.

What to check?

Northern Ireland is a separate probate jurisdiction from England and Wales.

Official source: nidirect

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