Guide to probate
How to do it yourself
It's a morbid topic, but when someone dies, if you're in charge of sorting out their property, money and possessions, you may need to go through a process known as 'probate'. While this can be another thing to deal with at a difficult time, it's often something you can do yourself, possibly saving £1,000s. Our guide explains how.
What is probate?
When a person dies and leaves property, money and possessions – known as their 'estate' – someone needs to sort out who gets what. To do this, you need what is known as a 'grant of representation'. This proves your authority to administer the estate. What form this takes depends on whether a will was left behind.
If there IS a will – the executor(s) will need to apply for a grant of probate.
If there ISN'T a will – next of kin need to apply for a grant of letters of administration.
The process of applying for the grant and the document used to manage an estate is often generically referred to as 'probate' – for simplicity, we'll use that term in this guide.
Probate is the same for everyone in England, Wales and Northern Ireland. If you live in Scotland, the process is called 'confirmation' and works a bit differently.
But generally speaking, the executor's job and the process of probate involves:
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Gathering any assets. For example, money left in bank accounts.
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Paying any bills and debts.
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Distributing what's left according to the will.
Does everyone need to use probate?
No. Many estates don't need to go through this process. If there's only jointly-owned property and money which passes to a spouse / civil partner, probate isn't normally needed.
Not sure whether probate is necessary? Seek advice from HM Revenue & Customs.
How long does probate take?
More than 250,000 probate applications are typically made in England and Wales each year, with January, February and March often the busiest months.
Once you've applied for a grant of probate, you'll need to wait up to 12 weeks to be given it, though the turnaround can be quicker if you apply online (rather than by post) and provide all relevant information at the first time of asking. The wait can be much longer in more complicated cases, such as where you're asked to provide follow-up information.
Once you've got it, the amount of time it then takes to deal with an estate depends on its complexity. An estate that includes property to sell, or multiple shares and investments, will inevitably take longer to deal with than one simply consisting of money in a bank account. Overall probate can take months, and in complex cases, longer than a year.
How much does probate cost?
There's an upfront fee for probate, whether you decide to go it alone or appoint a probate specialist.
Going through probate without any help may seem daunting, but you don't need to throw money at it just to give you confidence – you could end up wasting £1,000s. Don't be scared of probate. The biggest message here is...
You don't need to waste money on a probate specialist if you're dealing with an uncomplicated estate – it's much cheaper to do it yourself.
Application fees for probate in England and Wales are currently £300. In Northern Ireland, the application fee is £310, plus another £77 fee if you take the DIY route – though neither of these fees apply for estates worth less than £10,000.
Additional copies of the probate form can be ordered for £1.50 each. Multiple copies are essential for the administration process, so it's a good idea to order a few.
If you're on a low income/claiming benefits, you may be able to get a full or partial discount off the probate application fee. Check your eligibility and see how to apply on Gov.uk.
Probate specialist cost
If you decide to pay for the help of a probate specialist, how much it'll cost will depend on the route you take. Specialist help normally takes three forms:
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Fixed-fee specialist. You'll pay a fee based on an estimate of the work involved.
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Hourly rate specialist/solicitor. These will usually charge an hourly rate or a percentage fee based on the estate's value. This can be anywhere between 1% and 5% of the value of the estate plus VAT – so those dealing with large estates will be handing over a big wad of cash. However, this needs to be weighed up against the complexity of the estate. Someone dealing with a complex estate may need more help, and could lose money further down the line if probate isn't done correctly.
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Banks. Your bank will probably offer a probate and estate administration service. But this can often come out more expensive than a solicitor or specialist company. It's worth getting a quote, though use it as a benchmark to beat.
The cost will also depend on whether you want 'probate-only' or 'full estate administration'.
With probate-only, a specialist simply sends the probate application on your behalf. Once probate is granted, you'll be able to deal with the deceased's estate yourself. With full estate administration, the specialist applies for probate and takes on the responsibility of dealing with the deceased's estate (meaning you don't have to get involved).
Expect probate-only to cost at least £500, while full estate administration will cost from circa £2,500 (and can work out £1,000s more than this, if the estate is complex).
I decided to be brave and tackle the probate process myself after my sweet dad passed away. It was quite overwhelming at first due to the fact finding. But once this was done, the online forms were actually OK. I was completely surprised when an email arrived within a week saying my application had been approved.
Am feeling proud as my dad looked after his money and it felt I should do this out of respect for him. I paid £306 for probate instead of £1,000s for a specialist.
DIY probate: the 9 steps
When we've spoken to people who have been through the probate process, those who used a specialist for more simple estates said they wished they'd gone down the DIY route, while those who took the DIY approach said it was sometimes a complicated and time-consuming process. All seemed to agree it was a welcome distraction from their grieving and gave them something to focus on.
Most probate cases follow the same process, so below we'll start by outlining the main steps you'll go through if doing probate yourself (DIY).
If you're dealing with a complex estate, or don't feel confident sorting out probate yourself even after reading this guide, we've got a section below on how to appoint a specialist.
1. Register the death
You'll need a copy of the death certificate for each of the deceased's assets (each bank account, credit card, mortgage, etc). So before probate, you need to register the death.
Registering a death usually needs to be done within five days in England, Wales and Northern Ireland, or eight days in Scotland – though this doesn't apply if the death's reported to the coroner. It's easiest if you register the death at the register office nearest to where the death occurred – use Gov.uk to find it.
Documents to take when registering a death
You'll need the medical certificate of the cause of death, plus a birth certificate, marriage or civil partnership certificate or NHS medical card if available. A relative will usually need to register the death, if possible, but others are allowed to do it in certain circumstances. See Gov.uk to learn exactly who can register a death and what documents you'll need.
The registrar will then give you a certificate for burial or cremation (which is free), but you'll need to pay for copies of the death certificate (it's sensible to buy a few).
There are a few options available if you want to notify multiple organisations about someone's death simultaneously:
Informing Government organisations
If the deceased lived in England, Wales or Scotland, you can use the Tell Us Once service to report their death – in one go – to most Government organisations. This includes HMRC, DWP, DVLA, their local council and more. See Tell Us Once.
Informing banks, building societies, utility companies and more
Here are some options to choose from:
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Life Ledger covers over 1,000 organisations. If you want to make life easier for your relatives or loved ones in future, it also offers a 'register a life' service to hold the details of accounts, pensions, subscriptions etc. This aims to make it easier to contact relevant organisations after a death.
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Settld is a similar service but covers over 1,500 organisations, including financial services, online/social media and utility providers.
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The Death Notification Service notifies banks and building societies in one step, though it's scope is more limited than the two options above.
Report a death to multiple organisations in one go
2. Find out if there's a will
Before you do anything else, find out if there's a will. It's a good idea to start looking for a will in the first week after the death if you can, as it may have important instructions about any funeral plan the deceased had.
It's also important to establish if there's a will as it'll say who the executor is and name who'll get any assets left.
If the will doesn't name an executor, or the person who has been named can't take on the position for any reason, it gets more complicated. However, there is a process to follow. Any beneficiaries of the estate – usually a close relative such as a spouse, child or parent – can apply to the probate registry to be what is known as an 'administrator' of the estate instead.
If you don't have a will yourself and want one, see our Cheap and free wills guide.
What if the deceased didn't have a will?
If no valid will has been left, the deceased has died 'intestate'. In this instance, laws known as intestacy rules govern how their estate should be distributed.
3. Sort inheritance tax
Before actually applying for probate, the executor(s) of the deceased's estate first need to estimate the value of the deceased's estate. For help valuing an estate and seeing whether Inheritance Tax is likely owed, see point 8 of this guide and use the Gov.uk tool.
Your next step depends on the value of the estate:
Where the estimated value of the estate is BELOW £325,000
Everyone currently has a basic Inheritance Tax-free allowance of £325,000. So if the estate is valued at less than £325,000, it'll be classed as an 'excepted estate' and you don't need to report this separately to HM Revenue & Customs (HMRC) – though you'll still need to report the value as part of your probate application.
Do note assets or estates left to a spouse or civil partner are exempt from Inheritance Tax.
Where the estimated value of the estate is ABOVE £325,000
Here you'll need to fill in an IHT400 form and send it to HMRC. You'll then receive a letter within 20 working days, which'll you need before applying for probate.
Do note that if the deceased has left behind their home to a direct descendant, such as a child or grandchild, Inheritance Tax might not be due on the first £500,000 of the estate – an additional allowance known as the 'residence nil-rate band'. If this applies, you'll need to fill in an IHT400 form and an IHT435 form.
Where there is Inheritance Tax to pay, you'll need to settle this before the probate grant is issued to you. You have six months from the end of the month in which the person died to do so. You can defer tax and pay in instalments on some types of assets, including land, some shares and the value of any business owned.
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If there IS enough money in a bank account of the deceased to cover the amount of tax due: it should be possible to arrange a direct payment to HMRC. Most UK banks permit this if you send an IHT423 form.
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If there ISN'T enough money in a bank account of the deceased to cover the amount of tax due: you'll have to pay out of your own pocket (if you can) and recoup the money from the estate after probate – alternatively, you could take a loan from a bank, or from a lender like Provira that specialises in probate loans. The loan can then be repaid from the estate after the grant has been issued and assets released.
If the money is borrowed, an estate that consists mainly of the family home may not have enough cash or other assets to repay it. So the family home may have to be sold or mortgaged to do so. If you've tried everything but still can't raise enough money, you might be able to apply in 'exceptional' circumstances for help from the Lord Chancellor.
If the deceased and their spouse/civil partner owned a home as 'joint tenants', the surviving partner automatically inherits the home (a will has no impact on the home if you're joint tenants). There's no Inheritance Tax to pay either, as assets passed between married and civil-partnered couples are exempt from Inheritance Tax.
Where the deceased and their partner owned their home as joint tenants but weren't married or in a civil partnership, while the home also automatically passes to the surviving partner, it will be liable for Inheritance Tax.
If the couple owned their property as 'tenants in common', the deceased's portion of the home will pass to whoever is named as the beneficiary in their will. If the beneficiary is their spouse/civil partner, there is no Inheritance Tax to pay. But where the beneficiary is anybody else, the home will be liable for Inheritance Tax.
The main thing to remember is: where a home passes to anybody other than a spouse/civil partner – regardless of whether the deceased owned the home individually or with somebody else (as joint tenants or tenants in common) – the home will be subject to Inheritance Tax.
The rules around this are complex. See our Joint property ownership and Inheritance Tax guides for more information.
Important. You can boost your basic Inheritance Tax allowance to £500,000 if you leave your home to a direct descendant, such as a child or grandchild.
Does a home count towards Inheritance Tax?
4. Apply for probate
Next you'll need to complete an application for probate.
There are two options when applying for probate: online or post. However, you can only apply online if the deceased lived in England, Wales or Northern Ireland, you're the estate executor/administrator, and you:
Are the husband, wife, civil partner or child of the deceased.
Have the death certificate or an interim death certificate from the coroner.
Have submitted the relevant tax forms to HMRC if there is Inheritance Tax to pay.
Where you don't fit this this criteria, you'll need to apply for probate by post.
Completing an ONLINE probate application form
If the deceased lived in England or Wales, you can apply for probate online at Gov.uk. Afterwards, you'll need to send the original will and any supporting documents to: HMCTS Probate, PO Box 12625, Harlow, CM20 9QE.
If the deceased lived in Northern Ireland, you can apply via Nidirect.gov.uk.
Completing a PAPER probate application form
If the deceased lived in England or Wales, and there's a will, you'll need to fill in form PA1P. If there's not a will, fill in form PA1A. You can do this yourself, call the probate and Inheritance Tax helpline on 0300 123 1072, or see Gov.uk for help completing the form.
Send to HMCTS Probate, PO Box 12625, Harlow, CM20 9QE, remembering to include:
Probate application form PA1P or PA1A
The original will, if completing form PA1P
Completed inheritance tax form(s): IHT205 or IHT207, and IHT217, if applicable
A cheque for £300 to cover the application fee (made payable to HMRC)
Any supporting documents as prompted on the form
If the deceased live in Northern Ireland, and there's a will, you'll need to fill in form NIPF1. If there's not a will, fill in form NIPF2. Post the completed form – along with the application fee – to: The Probate Office, Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF.
You may be in the situation where you want to challenge somebody's application for probate, for example if there's a dispute over whether a will exists. To do this, you'll need to apply for a 'caveat'. It costs £3 to apply for a caveat, which lasts six months – learn how to apply at Gov.uk.
Can I challenge someone else's probate application?
5. Tell all organisations and close accounts
You'll need to inform every organisation the deceased had a relationship with, such as Government bodies and utility companies, about their death. This fulfils your responsibilities as executor, gets back money owed and ensures no more charges are taken.
Go through all paperwork, internet bookmarks and files to find who they had accounts with. They may have had their own financial factsheet with details that'll help.
If you can't find all the deceased's bank, building society or savings accounts, My Lost Account can help. There are also sites that can help you trace lost pensions and investments too – details in our Reclaim forgotten cash guide.
Here are some of the main organisations to consider contacting:
Financial organisations
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Bank or building society. To close accounts, retrieve money, pay debts, cancel standing orders and direct debits. Ask the bank to transfer any joint accounts solely into the survivor's name.
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Savings providers. To close accounts and retrieve money. We've heard some banks move a deceased's savings over to an account with a lower interest rate, so check this directly with the bank as soon as you can.
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Mortgage or loan provider, credit card or store card companies. To close accounts and pay any debts.
If you've a second credit card on the deceased's account, it'll be frozen once you've told the bank. If you rely on that card, ask for an account in your name, or see Best Cards for Spending for top deals. -
Insurance companies. To claim on any life insurance or payment protection insurance and cancel any existing policies such as home, car, travel or medical insurance. If you're a surviving spouse and still need the insurance but it was in your partner's name, you can ask for the policy to be changed to your name.
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Pension companies. To claim any payments and close the accounts.
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Student Loans Company. To get a student loan cancelled (they cease on death).
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Any other company the deceased had a rental, hire purchase or loan with. To close accounts and clear debts.
Utility companies and other organisations
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Utility companies (gas, electricity, water). To close accounts, settle bills and reclaim any money that's owed. If you're the surviving spouse and still living in the home, you'll just need to make sure the bills are now in your name. This process should also be followed for mobile, home phone, broadband and TV subscription services.
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Landlord/local authority if they rented a property. To stop rental payments and possibly reclaim the deposit. See Gov.uk to find contact details for local authorities.
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Royal Mail. If any post needs redirecting. See Royal Mail for more details about redirecting mail on behalf of somebody who's died.
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The deceased's employer. For compassionate reasons, but also in case the deceased had any death-in-service or other insurance linked to their work.
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Healthcare providers, organisations or clubs. Such as dentists, opticians, social clubs, trade unions and churches or places of worship, to cancel any memberships, collect funds owed or settle outstanding payments.
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Reduce junk mail sent to the deceased. See the Bereavement Register and Deceased Preference Service for information on how to do this.
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Email providers/social media. Charity Young Lives vs Cancer has information on how to ask social media platforms and email providers to close an account.
Banks usually release money up to a certain amount without requiring a grant of probate, but each financial institution has its own limit that determines whether or not probate is needed, as seen in the table below:
Financial organisation | Maximum you can withdraw without probate | Financial organisation | Maximum you can withdraw without probate |
|---|---|---|---|
Aviva | £50,000 | Nationwide | £50,000 |
Axa | £20,000 | NatWest | Decided on a case-by-case basis |
Bank of Ireland | £10,000 | NS&I | £5,000 |
Bank of Scotland | £50,000 | Post Office | £30,000 |
Barclays | £50,000 | Royal Bank of Scotland | Decided on a case-by-case basis. |
Birmingham Midshires | £50,000 | Sainsbury's Bank | £25,000 |
Co-op Bank | £50,000 | Santander | £50,000 |
First Direct | Decided on a case-by-case basis | Skipton Building Society | £30,000 |
Halifax | £50,000 | TescoBank | £50,000 |
HSBC | Decided on a case-by-case basis | TSB | Decided on a case-by-case basis. |
Lloyds Bank | £50,000 | Virgin Money | £35,000 |
M&S Bank | £5,000 | Yorkshire Building Society | £30,000 |
It's a good idea to open a special bank account on behalf of the estate straight away so you can pay money into it as funds are released. Banks and other institutions can then transfer money from the deceased's bank account into the account you've set up as an executor once you've got the probate grant.
Do I have to apply for probate to access money left in bank accounts?
Which bank account should I use when funds are released?
6. Pay off any debts
Debts will normally need to be paid, but only if the deceased had money left. This includes mortgages, loans, credit and store cards, hire purchase agreements and any other commercial debt – excluding student loans.
Only the deceased's estate is liable for any debts – not their family. If there's only enough to pay some debts, these are generally paid in this order: secured debts (like a mortgage), funeral costs, then other debts (including taxes).
This is a simplified summary. In reality, the order of payment required under law is complex and there are rules on how much everyone should get if there isn't enough to pay all of these. Contact Citizens Advice for help. It's important to note though:
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Mortgages must be paid. This applies even if there's no insurance. In the worst case, you may have to sell the property. If you're in trouble, first contact the lender to discuss options. Also talk to a solicitor or Citizens Advice, and see our Debt help guide for info on free debt-counselling help.
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Debts in joint names become the sole responsibility of the survivor. If you're concerned about the impact this may have, contact Citizens Advice or see our Debt help guide for where to find free one-on-one debt-counselling help.
If all the deceased's assets pass to their surviving partner there may be no money left in the estate to pay any debts, which could mean they're written off. However, creditors can apply for an 'insolvency administration order' within five years of the death. This can legally divide any property or assets that automatically pass to a surviving partner, and force a sale.
So first try to come to an agreement with lenders, and try to pay them yourself if absolutely necessary. This is a complex issue, so you may need to discuss it with Citizens Advice.
Important. Check whether the deceased had any form of insurance. If they did, it might be the deceased's debts are covered by their life insurance or PPI (more on this below).
7. Claim on any life insurance plans
Life insurance usually pays a lump sum to a spouse or family member after the insured person dies. So if the deceased had a life insurance or mortgage life insurance plan, contact the provider to let it know they've passed away, and to start the claims process.
If you've any info on the policy, make sure it's to hand when you contact, as the policy number and details will help speed up the process. The provider will then let you know what paperwork's needed formally to put in the claim.
If you don't have the policy details, the provider should be able to trace these through the policyholder's name, date of birth and address. It'll also need to see the death certificate.
How long it'll take for the policy to pay out depends on the circumstances. As a rough guide, it can be anything from a week to several months if the insurer needs to investigate further.
If you write a life insurance policy in trust, the proceeds from the policy can be paid directly to the beneficiaries rather than to your estate, therefore they won't be taken into account for Inheritance Tax purposes.
This is because a trust works in a similar way to an ISA wrapper – it wraps itself around whatever you have in it (for example, a life insurance policy) and protects it from the taxman, meaning they can't take any tax from money you have in there, or make the money count towards your Inheritance Tax allowance. It also means it's likely the money will be available sooner than if you had to go through probate to get it. For help with the claims process, see the Association of British Insurers.
What if the life insurance policy is in trust?
8. Value the estate
Check if the deceased had any of the following, which all count towards their 'estate':
Money held in financial institutions.
Property and land.
Businesses.
Investments – stocks, shares, ISAs and so on.
Personal items – jewellery, musical instruments, stamp collections, cars, etc
Contents of home.
Money payable on death from a pension.
Life insurance payments paid on death (though not those from policies held in trust).
Loans made by the deceased to another person.
Trusts which the deceased benefited from (consider getting professional advice on this).
Alternatively secured pension funds from which the deceased benefited.
Bank accounts can be added up easily, but property may need a proper valuation (see Free house price valuations for more on how to do this). Gifts given by the deceased within seven years of their death may need to be taken into account, as well as assets they had an interest in (for example, if they gave property to their children but lived in it rent-free).
Top tips on valuing someone's estate
Valuing an estate is one of the more complicated and time-consuming aspects of probate.
One MoneySaver, Gemma, gave the following advice:
"Get a notebook and dedicate a few pages to each incoming and outgoing (bank account, savings account, premium bond, insurance policy, investment, etc), noting where you are at with each. For example, I recorded in my notebook the date I sent off a savings account form and where I sent it to, meaning the account wouldn't be forgotten about. Eventually everything comes together as you hear from all parties about how much belonged to your loved one. Then you can fill in the Inheritance Tax checker and move on from there."
See Gov.uk for more advice on how to value someone's estate.
It might be the case the deceased continues to receive some income after their death but before their estate is distributed to beneficiaries (known as the 'administration period') – for example, savings interest or dividend income.
Where the income received is less than £500, you don't need to report this to HMRC. But if the income is greater than £500, this will need reporting to HMRC.
The way in which you report any income received during the administration period depends on whether you're dealing with a 'simple' or 'complex' estate. See Gov.uk for more information on the differences between the two.
HMRC will then let you know whether income tax is due and how to pay it. After any tax has been paid, that income can be added to the value of the deceased's estate.
What happens to income received by the deceased AFTER their death?
Important: Currently, pensions DON'T normally form part of your estate. However, the Government has announced that, from 1 April 2027, pensions WILL form part of your estate.
9. Share out the remaining assets
There's now only one big financial task left to complete – share out what's left of the estate.
Whatever's left once all debts and taxes are paid needs to be distributed. If there's a will, this should be simple as it should state where any remaining assets go.
What if there's no will?
If there isn't a will, the assets are distributed under the 'rules of intestacy' (though the beneficiaries can agree among themselves to redistribute it as they wish).
Generally the intestacy rules mean if the deceased was married or in a civil partnership with an estate worth £322,000 or less, everything goes to the husband, wife or civil partner. However, the rules are complex and depend on the surviving relatives, the amount involved and whether the deceased lived in England/Wales or Northern Ireland.
Unmarried partners don't automatically get a share
If you weren't married to or in a civil partnership with the deceased, you won't automatically get a share of their estate. If the person who's died hasn't left you anything in their will either, you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 in England and Wales.
Other dependants may be able to claim too, though it's worth seeking legal advice before, or if any family disputes arise. See Gov.uk to apply or Citizens Advice for further help.
Tips from MSE users who've been through probate…
Be organised! Lots of MoneySavers got in touch to say before you do anything, go out and buy a notebook and folders to keep track of everything methodically. You know how you work best, but preparation is key.
Get extra copies of the death certificate. By far the most repeated advice. The death certificate is an official copy of what's on the death register, often needed as proof by companies and financial institutions such as banks and insurance firms. Typically you'll need about five copies.
Is there extra help I can get with financial decisions?
There are several crucial financial decisions to make after the death of a loved one. Yet it's an emotional time, so avoid snap judgements – wait until you have a clear head. Several places offer extra support. If you have a solicitor, use them to help with big financial decisions.
Otherwise, get help from a friend or relative in the know, or contact Citizens Advice. Dedicated grief counselling's available if you need emotional support – our What to do when someone dies guide explores where to find it.
If you're struggling to cope, don't suffer in silence. Gov.uk has a list of organisations that can help, including charities Samaritans and Cruse Bereavement Care.
Appointing a probate specialist
If you'd rather use an expert than do probate yourself, or are dealing with a particularly complex estate, we've got some tips on finding a probate specialist.
Probate specialists can be solicitors, accountants or online providers. Regardless of which, they'll charge a fee.
You might want to think about using a probate specialist if:
The value of the estate is over the Inheritance Tax threshold and the estate is still earning a regular income where there are complicated taxes due.
The deceased died without a will and it's a complicated estate to administer.
There are doubts about the validity of the will.
The deceased had dependants who were deliberately left out of the will but who might make a claim on the estate.
The estate has complex arrangements, such as assets held in a trust.
The estate is bankrupt or insolvent.
There are doubts that the estate is bankrupt.
The estate includes foreign property or assets.
The deceased lived outside the UK for tax purposes.
A specialist can either apply for probate on your behalf then leave you to deal with the deceased's estate (known as 'probate-only'), or it can take responsibility for the deceased's estate as well (known as 'full estate administration').
But unless the estate falls into any of the categories above, consider following the DIY steps above to see if you can manage probate yourself and save some money.
How to find a probate specialist
For solicitors who deal with probate, use the Law Society (England and Wales), the Law Society of Scotland, or the Law Society of Northern Ireland.
For accountants who deal with probate, use the Institute of Chartered Accountants in England and Wales (ICAEW) to find an accredited probate accountancy firm.
Another option is:
Get 5% off professional probate with Co-op Legal Services
In England and Wales, a probate specialist to consider is Co-op Legal Services* (CLS). Dealing with £3 billion of estates annually, we highlight CLS because:
- You can get a free phone consultation. CLS will discuss what its probate service entails and also explain your other probate options (such as doing probate yourself).
- Quotes aren't obligatory. So you don't have to accept any quote you get.
- Pay a fixed fee. The quote you get is fixed, so you know exactly what you'll pay.
- You're protected. This is because CLS is a regulated firm.
- The deceased's money is protected. This is because all estates dealt with by CLS are FSCS protected.
- You'll get a discounted price. CLS is offering a 5% discount off its probate services to MSE readers via our link*. So if probate costs £4,500, a 5% discount is worth £225.
HOW IT WORKS:
To get a free consultation and access to free probate resources: follow our link*, select 'get advice and support' and arrange a callback. Or call 0330 041 7943 directly.
To get a fixed-fee quote: follow our link*, select 'get a fixed fee quote' and arrange a callback. Or call 0330 041 7943 directly.
Did the deceased live in Scotland or Northern Ireland?
In Scotland, probate is dealt with by CLS's partner Brodies LLP. In Northern Ireland, probate is handled by CLS's partner Wilson Nesbitt.
Brodies LLP and Wilson Nesbitt are regulated firms offering similar protection to CLS. But while the 5% probate discount is available in Scotland, it's not in Northern Ireland.
To get a free consultation or a fixed-fee quote, follow the instructions above.
How are probate specialists regulated?
In England and Wales, while administration of estates is not a regulated activity, accredited probate specialists are regulated.
For example, solicitors in England and Wales are regulated by the Solicitors' Regulation Authority (SRA; Scotland and Northern Ireland have their own regulators). Solicitors are also required to have indemnity insurance for when things go wrong, including six years of additional cover if their firm closes. The SRA's Solicitors' Indemnity Fund provides extra cover too.
Accountancy firms in England and Wales that are authorised to deal with probate are regulated by The Institute of Chartered Accountants in England and Wales (ICAEW). Like solicitors, accountants are required to have indemnity insurance for when things go wrong. The ICAEW also has a compensation fund of 'last resort' which provides extra cover.
If you have problems with a regulated probate specialist, in the first instance you should complain direct to the solicitor/accountancy firm. Where the dispute remains unresolved, you should be able to escalate your complaint for free to the SRA, ICAEW or Legal Ombudsman (see this handy SRA page for guidance on when a dispute is more likely to sit with the Legal Ombudsman than the SRA/ICAEW).
What happens if something goes wrong with probate?
Probate negligence is when a probate specialist fails to follow correct procedures, misses legal deadlines, or gives incorrect tax or legal advice that results in financial loss.
If an executor, administrator or beneficiary loses out as a direct result of an error or mistake by a probate specialist, they can make a probate negligence claim for compensation. In the first instance, try to resolve the issue informally with the probate specialist firm.
If that doesn't work, and your claim is for less than £10,000, you could escalate to the Small claims court. If the financial loss is more than £10,000, you'll need to appoint a solicitor to help recover legal costs and get compensation.
A probate negligence claim must be made within six years of the event, or within three years of becoming aware some form of negligence occurred.
Warning. Watch out for 'pre-paid probate' services
Probate is a service normally provided at the time of need – in other words, when someone dies. By using a regulated probate specialist you'll have a good level of protection.
But an increasing number of firms are offering 'pre-paid probate' services. Essentially, you pay a firm, while you're still living, to deal with your estate after you've died. Firms lure you in with claims that probate costs will likely have increased by the time you die, therefore locking in a price now will save your loved ones money.
The problem is pre-paid probate is neither a regulated activity, nor do regulated probate specialists offer pre-paid probate services. This means a pre-paid probate service is unlikely to be regulated, meaning you've little protection if something goes wrong.
For example, there might not be a proper means of making a complaint (and no route to complain to the Legal Ombudsman). And you might struggle to get compensation if you can complain, as there's no guarantee an unregulated firm will have insurance in place. Your money is also at risk if the firm went bust, as the money might not be kept in an account protected by the Financial Services Compensation Scheme.
Probate in Scotland is called 'confirmation' and works differently to the rest of the UK
The process of applying for probate in Scotland is known as 'confirmation' and works differently to the rest of the UK.
Confirmation is a legal document which effectively transfers the estate assets to the executors as trustees so they can deal with them in line with the will. A maximum of four executors (aged 16 or older) can apply.
Does everyone need to use confirmation?
Confirmation ISN'T needed if there's only jointly-owned property and money which passes to a surviving spouse or civil partner.
Even if there's no surviving spouse who inherits the deceased's entire estate, you MAY NOT need confirmation if there's no property to deal with and not many assets were left. But each financial institution – bank, building society, insurance company, etc – has a different 'probate threshold', so check with each company what theirs is.
You MAY need confirmation if a financial institution states you'll need it in order to release money, stocks, shares, assets or policies. But first ask the company if they will release the money without confirmation.
You DO need confirmation if the deceased owned a property either solely in their name, or jointly but without a survivorship destination.
If confirmation is required, the route you need to take depends on whether there's a will and whether the estate is considered small (£36,000 or less) or large (more than £36,000):
Where there's a will
If the deceased left a will, this means they died 'testate'. To obtain confirmation, how you go about it depends on the size of the deceased's estate:
Important. To work out the total value of an estate, don't deduct any debts from the figure.
- If the estate is worth £36,000 or less
Then it's considered small, so you can get free help from the deceased's local sheriff's office (or the Edinburgh sheriff court if they had no known address). The sheriff clerk will be able to help you apply for confirmation (including preparing the 'inventory').
To arrange an appointment, contact the deceased's local sheriff court.
- If the estate is worth more than £36,000
Then it's considered a large estate, so you can either apply for confirmation by yourself, speak with a confirmation expert, or seek legal advice (the most expensive option).
Where there's no will
If the deceased didn't leave a will, this means they died 'intestate'. To obtain confirmation, you might need to undergo extra steps to apply – again, depending on the estate value.
- If the estate's worth more than £36,000
You'll need to go through a court process to be appointed 'executor-dative', then you'll need to get a 'bond of caution'. A bond of caution is an insurance policy that protects the beneficiaries should you, the executor, not pay them their inheritance.
If the estate's worth more than £250,000, you can normally only get a bond of caution by using a solicitor to administer and distribute the estate. If it's worth less than this, you could get the bond through an insurance broker instead. The fee is based on the gross value of the estate. The minimum fee charged by insurance companies is normally £250.
- If the estate's worth £36,000 or less
Here you'll only need a bond of caution if you don't use a sheriff clerk to help prepare your confirmation application. You'll still need to be appointed 'executor-dative', but this is something a clerk can help with. A sheriff's help is free – contact your local sheriff court.
How to apply for confirmation
When applying for confirmation, you must include a list of all the deceased's assets and their value, even if they're joint accounts and/or you've already dealt with them. This is known as an 'inventory' and will be publicly available if confirmation is granted.
Estate value | Fee |
|---|---|
Under £50,000 | £0 |
£50,000 to £250,000 | £341 |
Over £250,000 | £684 |
Distributing the estate assets
Once confirmation's been granted, the executor should wait six months from the date of death before distributing the estate assets. This is to allow people/companies with a claim on the estate to make it known (otherwise claims might be made on the beneficiaries).
With thanks to Mike Davis, founder of My Probate Partner, for fact-checking this section of the guide on how confirmation works in Scotland.
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