If you have been named the executor of a person’s will when they have passed away, or are dealing with their estate, it might be necessary to apply for probate. Probate essentially provides you with the legal authority to have to close the bank accounts and financial affairs of the deceased person, which means that you can then pay off their debts, collect their money, and distribute it to the beneficiaries.
To be able to get probate you need to apply for it. You can either do this yourself or ask a solicitor to do this for you.
What forms do I need to apply for probate?
If you are the executor of the estate you can apply for probate, and if there are more than one of you, you should apply together. Up to four people can apply for probate at the same time.
Probate forms can be applied for either online through the government’s website in the ‘Apply for Probate Online’ section, or via an application form filled out and sent to the HM Courts and Tribunals Service (HMCTS).
You will need to complete one of two different forms – the PA1P or the PA1A. The PA1P should be filled in if you are requesting probate and there is a will, and a PA1A if you are requesting probate and there is no will.
It is important to remember that any inheritance tax that is due is paid before probate can be applied for.
Where do I send probate forms?
If you are applying for probate through the government website, there is no need to send any probate forms as well. If, however, you are filling in the form on paper, you will need to send it with the supporting documentation to the HM Courts and Tribunals Service (HMCTS) at:
Newcastle Probate Registry
No 1 Waterloo Square
Newcastle upon Tyne
NE1 4DR
You will also need to include the original death certificate and will – photocopies are not allowed. If the estate is valued at over £5,000, a probate registration fee will also need to be paid. The fee is £215 and this can be paid either by cheque included with the probate form (made out to HMCTS) or over the telephone.
You can telephone the probate registry and pay by credit or debit card. Once that the payment has been made you will be allocated a reference number that you should make a note of and add to the probate form.
PA1P: Probate Application Form if there is a will
If the deceased person left a will, a PA1P probate form must be completed, and you will be given a ‘grant of probate’. If you are the executor applying for probate, you should complete or download the ‘for citizens only’ PA1P form. There is a different form for probate professionals such as probate solicitors.
Once that the form is complete, if you are applying by post, you should ensure that you have the supporting documentation, and send it to the HMCTS. It will normally take up to about 8 weeks for the application to be processed.
Probate Application Form PA1 Guidance Notes
Whether you are applying for probate with a PA1P or PA1A form, there are seven sections to the form.
- About the applicant(s) – here you supply the names and details of the person/people applying for probate. In addition to names, you will also need to provide an address and contact details.
- About the person who has died – here you provide details of the person who has passed away, including their name, address, dates, marital status, any foreign assets, and adopted relatives.
- About the will and codicils – this section is only present on the PA1P form. Here you will provide information relating to the will and codicils. If any named executors are not applying for probate, the reasons why should be detailed in this section.
- About the relatives of the person who has died – here details about the relatives of the deceased person are given. You do not, however, need to give their full details, but should provide information about the number of children and grandchildren that they had – and whether they are over or under 18 years old. On a PA1A form, if the person has no surviving civil partner or spouse, children, or grandchildren, the next section will need to be completed.
- Applying as an attorney – if you are not applying as an attorney, you should answer ‘no’ for the first answer in this section and leave the rest of it.
- Foreign domicile – this section can be ignored if the deceased person has lived permanently in England and Wales. If, however, they lived abroad, here you should provide details of their assets in England and Wales.
- Inheritance tax – here you should provide details of your inheritance tax forms or report
Probate Guidance from Waldrons
We understand that completing the PA1P or PA1A forms is not always straightforward. It is important that these are done correctly and this is why we can provide probate form guidance here at Waldrons.
Contact Waldrons solicitors
Whatever your query, get in touch with us here at Waldrons today.
More information on Probate & Estate Administration
Last reviewed on 11/07/23 by Dawn Cash who is Head of Private Client and an Associate Director