Who can apply for probate?

Not all people left money or property in a will to apply for probate. Only one person needs to do it – normally the executor(s) named in the will.

However, if the person entitled to the estate is under 18, two people are legally required to apply for probate. If this is the case we will let you know when we receive your application.

A person can apply for grant probate if you are over eighteen and:

• you are an executor named in the will;
• you are named in the will to receive some or all of the estate (if there are no executors, or if the executors are unable or unwilling to apply);
• the deceased person did not make a will and you are their next of kin, in the following order of priority:
- lawful husband or wife or civil partner (a civil partnership is defined as a partnership between two people of the same sex which has been registered in accordance with the Civil Partnership Act 2004). Common law partners cannot apply for probate.
- sons or daughters (excluding step-children) including children adopted by the deceased. (Children adopted out of the family can only apply in the estates of their adoptive parents and not their biological parents.)
- parents
- brothers or sisters
- grandparents
- uncles or aunts
- If sons, daughters, brothers, sisters, uncles or aunts of the deceased person have died before the deceased, their children may apply for probate.

If you are not sure whether you are entitled to apply for a grant, you should still complete and return the forms and we will tell you. If you are a distant relative, please supply a brief family tree showing your relationship to the deceased person.

If more than one person wants to apply for a grant, they may make a joint application. A maximum of four applicants is allowed and they will all have to attend an interview with the Probate Service at HMCS.