Applications for probate
Applications through a solicitor | Applications made in person
Applications made through a solicitor, notary or barrister
Around 70% of applications are made through a solicitor, notary or barrister. The charges made by solicitors, notaries or barristers to their clients vary according to a number of factors (including the complexity of the case), so it is not possible to give an indication of typical, or average, costs.
The fee payable to the Probate Service is £40(PDF), but where the value of the estate is £5,000 or less, no charge is made by the Probate Service .
Processing applications
Five main stages are involved in processing each application:
- The solicitor, notary or barrister meets the client and takes necessary details or the client supplies information
- The solicitor, notary or barrister prepares the papers for the client to swear the oath
- The client swears the oath in front of an independent solicitor or commissioner for oaths
- The solicitor, notary or barrister sends the papers to a Probate Registry for processing together with the original will, Fee and Inland Revenue Account
- Staff at the Probate Registry examine the papers, and a grant of representation is issued and sent to the solicitor, notary or barrister once the Registry is satisfied as to the validity of the application
Important changes for probate practitioners with effect from 1 January 2009
Applications made in person
Just under one third of applications are made by applicants acting in person. The fee payable to the Probate Service when making a personal application is £90(PDF 68KB), but where the estate is £5,000 or less, no charge is made.
Processing applications
There are five main stages involved in every personal application:
- The applicant can obtain information, guidance and forms from this site or from the Probate Registry, Probate and Inheritance Tax Helpline (telephone: 0845 3020900)
- The applicant completes the forms and sends them to the Probate Registry together with the original will if any, an official copy of the death certificate and the fee. Forms are required from both HMCS and HMRC
- Staff at the Probate Registry examine the application and prepare the necessary papers
- The applicant attends an appointment at the Probate Registry or Probate Office for interview, and to swear the oath
- A grant of representation is issued and posted to the applicant once the Probate Registry is satisfied as to the validity of the application
Leaflet PA2 How to obtain Probate.
Leaflet PA3 - Probate Fees.
HMCS probate forms.
HMRC probate forms.