UK IHT Desk

Inheritance Tax & Probate

general

Who Can Apply for Probate in England and Wales: Executors, Administrators and the PA1P or PA1A Choice

TL;DR

Probate is the legal right to deal with someone’s property, money and possessions — their ‘estate’ — after they die, and only certain people can apply for it. In England and Wales the test turns on whether there is a will: the executors named in the will, or in a codicil, can apply if there is one, and the closest living relative can apply if there is not. You should not make financial plans or put property on the market until you have probate. The same will-versus-no-will distinction decides what you receive at the end — a grant of probate, letters of administration, or letters of administration with will annexed — and which paper form you use, PA1P with a will and PA1A without one. Before applying you must value the estate and deal with Inheritance Tax, and you will usually receive the grant or letters within 12 weeks of submitting the application.

Who can apply for probate in England and Wales

Probate is not granted to whoever volunteers. The GOV.UK guidance sets a short eligibility test, and the answer depends on whether the person who died left a will.

If there is a will, the executors named in it can apply. You qualify if you are named as an executor in the will or in an update to it, known as a codicil, and the person who died will normally have told you that you are an executor. Sending in the will is not optional and not replaceable: you must send the original will with your application and you cannot use a photocopy, because the probate registry keeps the will and it becomes a public record. If there is more than one will, send the most recent one and do not destroy copies of earlier wills until probate has been received.

If there is no will, the closest living relative can apply. Practitioner guidance describes the applicant in that situation as the deceased’s next of kin, following a strict order of priority set by the rules of intestacy.

Two boundary conditions are worth settling before you spend money on an application. First, check that probate is actually needed: every organisation holding the deceased’s assets sets its own rules, so contact the bank and mortgage company directly, and you may not need probate where the person only had savings, owned shares or money jointly with others, or owned land or property as joint tenants with others. Second, check the jurisdiction: Scotland and Northern Ireland have their own probate rules, so this guidance applies to England and Wales.

Grant of probate, letters of administration, and the ‘with will annexed’ variant

The document you receive is simply the legal authority matched to your situation. There are three outcomes:

  • A grant of probate, if the person left a will.
  • Letters of administration with will annexed, if the will does not name an executor or the named executor cannot apply.
  • Letters of administration, if the person did not leave a will.

The practical difference is who is authorised and whose instructions they follow. A grant of probate is issued where there is a valid will and gives authority to the executor named in it, with assets distributed according to the will; letters of administration are granted where there is no valid will, or the will appoints no executor, and they appoint an administrator who distributes assets under the rules of intestacy rather than the deceased’s wishes. The main difference between the two is therefore whether the deceased left a valid will. The umbrella term ‘grant of representation’ is sometimes used to describe both documents. Cases where a valid will exists but no executor is named, or the executor is unable or unwilling to act, are described as uncommon, since most professionally drafted wills and DIY templates name executors.

A related point for disputed estates: if there is a disagreement about who can apply or whether a will exists, you can challenge an application before it is granted by entering a caveat. By contrast, decisions on a grant of probate normally cannot be challenged, because the grant follows the deceased’s wishes and the executor they appointed.

Choosing the form: PA1P with a will, PA1A without one

For a postal application the rule is direct — fill in PA1P if there is a will and PA1A if there is not. Everything else about the process stays the same; the difference is which form you fill in.

PA1P covers more than the obvious case. It is used to apply by post either as an executor named in the will, or as a beneficiary if there are no executors. The form is published in separate versions for citizen applicants and for probate practitioners, and there is a large-print version for citizen applicants. If you apply online you do not need to submit a paper application at all, and GOV.UK advises applying online where possible because paper applications take longer to process.

The form itself asks you to account for the other executors. It includes a section naming any executors who are not making the application and asking why, with options that include power reserved (the executor has chosen not to apply but reserves the right to apply later) and renunciation (the executor gives up all rights to apply). The same form notes that an application fee is payable and that there is a fee for each official copy.

Before starting an application you will need the details of the person who died; the original will and any codicils; the name, email address and mobile phone number for each person applying; the values of the estate for Inheritance Tax, which you can estimate using HMRC’s online IHT checker; and a debit or credit card if a fee is due. After you complete the application you are told exactly which documents to send to the probate registry.

Where more than one executor is named, they must all agree who makes the application, and if only one executor is named on the application they will need to prove they tried to contact all the executors named in the will before applying.

Inheritance Tax and fees: what must happen before you apply

Valuing the estate is not a formality that can wait. Before applying you must find out whether Inheritance Tax is due, which means estimating the value of the money, property and possessions of the person who died. If the estate owes Inheritance Tax you must report its value within one year, and you cannot apply for probate until you have done so. You will normally have to start paying Inheritance Tax before probate is granted, and even where there is no tax to pay you still need the estimated value as part of the application.

There is one extra step that catches applicants out. If you have already reported the full estate to Inheritance Tax, then before applying you must start paying any tax due and obtain a letter with a code, which you need before the application can proceed.

On fees, whether you pay depends on the value of the estate. The published figures are:

  • Extra copies of the probate document ordered when you submit the application: £2 each.
  • Additional copies ordered after you have submitted the application: £16 each.
  • A second application where probate has already been granted, for example if you want to apply as an executor after holding power reserved on the first application: £22, payable even if the estate is worth £5,000 or less.

Help with fees is available if you have a low income or receive certain benefits; you apply online before applying for probate, and if you apply for probate online you pay the full fee and receive a refund later if your help-with-fees application succeeds. Help with fees is not available for extra copies of the probate document. If you are applying by post you send your help-with-fees reference number with form PA1P or PA1A; if applying online you send it with your supporting documents such as the will.

Fees and thresholds are the kind of figures that change between guidance versions, so treat the numbers above as the ones published in the GOV.UK fees guidance and the PA1P form supplied for this article, and confirm them against the current version before relying on them.

How long probate takes, and how to track your application

Your application is reviewed by the Probate Service. You will usually get the grant of probate or letters of administration within 12 weeks of submitting your application, and it can take longer if you need to provide additional information. Paper applications take longer to process than online ones, which is why applying online is recommended where you can.

Tracking depends on how you applied. Online applicants sign in to the probate service to track the application; postal applicants should receive a letter or email within 12 weeks and can contact the Courts and Tribunals Service Centre if they do not.

Once the application is approved, the will and any codicils are kept by the probate registry and become a public record, and if you sent in the death certificate it is returned to you. If anything is wrong with the probate document, return it to the district probate registry listed on the grant or letters. Copies of the probate document ordered for use outside the UK take longer to arrive than the UK copy.

Only after this point can you start dealing with the estate — typically by sending copies of the probate document to the organisations holding the assets, such as the bank. That is the natural dividing line for this article: everything above is about who may apply and how the application is decided, while collecting assets, paying debts and distributing the estate belong to the administration stage that follows.

When the named executor cannot or will not apply

Being named as an executor does not force you to act. You can give up your right to apply for probate or appoint someone else to apply for you. Specifically:

  • Hold power reserved: if more than one executor is named, you can choose not to apply now but reserve the right to apply later. You must tell the person making the application, in writing.
  • Renounce: you can give up your right to apply permanently.
  • Appoint someone to apply on your behalf: this is possible if you are the only executor named in the will, or if the other named executors are all holding power reserved or have renounced.

If an executor has died, another ‘entitled’ person will need to apply — any beneficiary of the will who wants to apply. If an executor cannot apply because of a mental health condition or impairment, the guidance directs you to obtain evidence from a medical professional such as a doctor, and sets out who may apply in that situation. Either way the grant you receive reflects the gap: letters of administration with will annexed is issued where the will does not name an executor or the named executor cannot apply, and PA1P itself may be used by a beneficiary where there are no executors.

Help if you cannot apply online, and what the guidance does not settle

Support is split by the type of help you need. For technical issues or guidance about how to apply, the Courts and Tribunals Service Centre can be contacted on 0300 303 0648, Monday to Friday, 9am to 1pm, excluding bank holidays, or by email at contactprobate@justice.gov.uk. The same number appears on the Apply for probate service’s eligibility page, which lists telephone and webchat hours of 9am to 1pm and 9am to 5pm, Monday to Friday, closed at weekends and on bank holidays. If you do not have internet access or do not feel confident using it, We Are Group can be reached on 03300 160 051, Monday to Friday, 9am to 5pm, and you can text FORM to 60777 for someone to call you back.

On cross-border families, it is worth being precise about what the sources actually support. The official guidance used here does not set out a separate residence test for applicants; it ties eligibility to whether you are a named executor or, with no will, the closest living relative. What it does address for families with assets or heirs abroad is narrower: copies of the probate document ordered for use outside the UK take longer to arrive than the UK copy, and Scotland and Northern Ireland operate their own probate rules. Anything beyond that — for example how a foreign grant is treated locally — is outside this guidance and should be checked with the relevant registry or a practitioner.

Probate eligibility: reader questions

Who is legally eligible to apply for probate in England and Wales?

Eligibility depends on whether there is a will. Executors named in the will or in a codicil can apply; if there is no will, the closest living relative can apply, with priority set by the rules of intestacy. Scotland and Northern Ireland have separate probate rules.

What is the difference between a grant of probate and letters of administration?

A grant of probate is issued where there is a valid will and authorises the named executor, with assets distributed under the will; letters of administration are granted where there is no valid will, or the will appoints no executor, and appoint an administrator who distributes under the rules of intestacy. Where a will exists but names no executor, or the named executor cannot apply, the grant is letters of administration with will annexed. The umbrella term for both is a grant of representation.

Do I use PA1P or PA1A, and does anything else change?

PA1P if there is a will, PA1A if there is not. PA1P can also be used by a beneficiary where there are no executors. Other than the form, the process is the same. If you apply online you do not need a paper form at all.

Do I need to deal with Inheritance Tax and fees before applying?

Yes to Inheritance Tax. You must value the estate, and if tax is owed you must report the value within one year and cannot apply for probate before doing so. You normally start paying the tax before probate is granted, and if you reported the full estate you need the letter with a code before applying. On fees, whether one is payable depends on the estate value; extra copies cost £2 each when ordered with the application and £16 each afterwards, and a second application after probate has already been granted costs £22 even where the estate is worth £5,000 or less.

How long does probate take and how do I track it?

You will usually receive the grant or letters within 12 weeks of submitting the application, longer if additional information is required. Online applicants track progress by signing in to the probate service; postal applicants should receive a letter or email within 12 weeks and can contact the Courts and Tribunals Service Centre if not.

What if the named executor cannot or will not apply?

An executor can hold power reserved and keep the right to apply later, provided they say so in writing; renounce permanently; or, where they are the only executor or all others have reserved power or renounced, appoint someone to apply for them. If the executor has died, any beneficiary of the will who wants to apply can apply as an entitled person. Where an executor cannot apply because of a mental health condition or impairment, medical evidence from a professional such as a doctor is required, and the grant becomes letters of administration with will annexed.

Sources and how to verify this

This article draws only on the following material. Institutional names, document titles and the dates given in the source pack are listed here so you can check each claim at source; no links are reproduced.

  • Apply for probate service (GOV.UK), ‘Eligibility’ — what you need before starting an application and the service’s contact hours. The source pack gives no publication date for this page.
  • HMCTS, PA1P probate application form — the form’s executors-not-applying section, and the note that an application fee and a fee per official copy apply. The source pack gives no publication date; the form is marked (01.24), Crown copyright 2024.
  • Saunders Law, ‘What is the difference between a Grant of Probate and Letters of Administration?’, 3 April 2024 — practitioner framing of executors versus administrators and intestacy distribution.
  • Kings Court Trust, ‘What’s the difference between a Grant of Probate and Letters of Administration?’ — the ‘valid will’ dividing line, grant of representation, letters of administration with will annexed, and intestacy priority. The source pack gives no publication date.

Because fee levels and form versions are revised periodically, confirm the current figures with GOV.UK or HMCTS before acting on them.