Applying for Probate With a Will: What You Need to Know

If someone has died leaving a valid will, the process of applying for probate involves obtaining the legal authority to manage their estate. In England and Wales, this is done by applying for a grant of probate, which confirms the executor’s right to deal with the deceased’s money, property, and possessions.

Using Form PA1P to Apply for Probate

The official form used to apply for probate when there is a will is called PA1P. This form is primarily for executors named in the will, but if there are no executors, a beneficiary may apply using the same form.

PA1P can be completed and submitted by post. Alternatively, you can apply online, in which case you do not need to send a paper application.

Key Points About the PA1P Application

• Who can apply: Usually the executor(s) named in the will. If no executor is named or willing to act, a beneficiary can apply.
• What you need to provide: The original will and the death certificate, along with the completed form. Additional supporting documents may be required depending on the estate.
• Where to send the form: The completed paper form and supporting documents must be sent to the appropriate Probate Registry address. The official guidance provides the current address and instructions.
• Large print and accessible formats: Available on request for those who need them.
• Fees: There is a fee for applying for probate. The exact amount and payment methods should be confirmed on the official government website or with the Probate Registry.

What Happens After You Apply

Once the application is accepted, the Probate Registry will issue a grant of probate. This document legally empowers the executor to collect assets, pay debts, and distribute the estate according to the will.

It is important to note that applying for probate does not guarantee immediate access to the estate’s money. Some banks or organisations may have their own procedures or require additional paperwork before releasing funds.

Exceptions and Additional Considerations

• If the estate is very small or “excepted” (below certain value thresholds), probate may not be necessary. However, this depends on the policies of individual banks or other asset holders.
• Probate rules and procedures can vary slightly if the deceased lived in Wales or other jurisdictions; always check the relevant guidance.
• If you are unsure about any part of the process, or if the estate is complex, seeking legal advice or contacting the Probate Registry helpline can be helpful.

Summary

Applying for probate with a will mainly involves completing the PA1P form, submitting it with the original will and death certificate, and paying the required fee. The grant of probate confirms the executor’s authority to manage the estate. Always refer to the official government guidance for the most up-to-date information, including addresses and fees, and remember that each estate’s circumstances can affect the process.

Official reference: https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will. Always check the latest official guidance. Related forms: Browse our form category.

Important: This article provides general information. Government rules, forms and procedures can change, and this article may not reflect the latest updates. Check current GOV.UK guidance or the relevant authority before relying on it. ITG & Co. is independent and is not affiliated with a government department.