How do I apply for probate myself?

Applying for probate personally is realistic for a straightforward estate and is what a large proportion of executors do. The application form is not the hard part. The valuation, the inheritance tax reporting and the administration afterwards are, and doing them in the wrong order — applying before the tax position is reported, for instance — stalls the whole thing.

Step by step

1. Confirm you are entitled to apply.The executor named in the will applies for a grant of probate. Where there is no will, or no willing or surviving executor, an administrator applies for letters of administration, with a statutory order of priority setting out who may.
2. Find and secure the original will.The court needs the original, not a copy, and it must not be stapled, unstapled, marked or altered. Removing a staple is enough to require a witness statement explaining it.
3. Value the estate at the date of death.Write to every institution asking for a date-of-death balance and any interest. Get a professional valuation of property — an estate agent's appraisal is usually accepted for a straightforward estate, but where inheritance tax is in play a formal RICS valuation protects you. Value personal possessions realistically at open-market value, not insurance value.
4. Establish the debts as well as the assets.Mortgage, loans, credit cards, utilities, care fees and the funeral account. The estate is the net figure, and executors are personally exposed if they distribute before debts are settled.
5. Deal with inheritance tax before applying.Most estates qualify as excepted estates with reduced reporting. Where tax is due, it generally has to be paid — or the first instalment paid — before the grant is issued, which creates the well-known chicken-and-egg problem. Banks will usually pay inheritance tax directly to HMRC from the deceased's accounts under the direct payment scheme, and there is a government loan scheme of last resort.
6. Apply online through GOV.UK.The service walks through the application and takes payment. Send the original will and any codicils to the probate registry as directed. Paper application forms remain available where the online route does not fit.
7. Order extra copies of the grant.Copies are cheap at the point of application and each institution wants one. The same logic as death certificates.
8. Place statutory advertisements if you want the protection.Advertising for creditors in the London Gazette and a local newspaper, and waiting the statutory notice period, protects executors personally against unknown claims. It is optional and it is cheap insurance where the deceased's affairs are not fully known.
9. Collect, settle, then distribute — in that order.Close accounts, sell or transfer assets, pay debts including any tax, then distribute to beneficiaries against signed receipts. Prepare estate accounts showing everything in and out; beneficiaries are entitled to see them.
10. Hold back a reserve, and mind the claim period.Claims under the Inheritance (Provision for Family and Dependants) Act 1975 can be brought within six months of the grant. Many executors hold a reserve and delay final distribution until that period passes.

Common mistakes

• Distributing before debts and tax are settled — Executors are personally liable for what they distribute wrongly. Recovering money from beneficiaries after the event is difficult and unpleasant.
• Undervaluing property to keep things simple — HMRC can and does challenge date-of-death valuations, and penalties apply. It also affects the capital gains position when the property is later sold.
• Damaging or altering the original will — Anything attached to or removed from the will has to be explained by a witness statement, which adds weeks.

Questions people ask