Who Can Apply for Probate in the UK?

Only certain people can apply for a grant. Who that is depends mainly on whether there is a valid will, and whether the named executor can act.

This guide explains the typical rules in plain English, with a focus on the practical issues families run into.

Paperwork and documents on a table — Image source: Pexels.

The basics: executor vs administrator

Executor

Named in the will to deal with the estate. If probate is needed, the executor usually applies for the grant of probate.

Administrator

Applies when there is no will (or no executor can act). The grant is usually letters of administration.

If you want definitions, see grant of representation.

If there’s a will: who can apply?

If there is a valid will, the executor(s) named in the will can usually apply. In many estates, more than one executor is named.

Check the will carefully

It is common to assume someone is an executor — but the will is what matters. If you are not named, you may not be able to apply (even if you are a close family member).

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If there’s no will: who can apply?

If there is no will, the person who applies is usually the person entitled to inherit most under intestacy rules. This is often a spouse or civil partner, but not always.

Intestacy can get complicated

Blended families, estrangement, and missing relatives can make intestacy estates tricky. If you are unsure, getting advice early can prevent long delays.

You may also find this helpful: letters of administration explained.

If the executor can’t or won’t act

There are situations where a named executor cannot act (for example they have died, lack capacity, or are unwilling). What happens next depends on the circumstances and may require legal steps to appoint someone else.

Get advice early if there’s a blockage

Where property is involved, delays can be expensive (insurance, bills, maintenance). If an executor issue is stopping progress, early advice can be the difference between weeks and months.

Multiple applicants and working together

It is common for more than one person to have a role — for example multiple executors, or multiple family members who need to coordinate under intestacy.

Agree early how decisions will be made and how costs will be handled.
Keep one shared record of what has been contacted and what has been received.
Be careful about distributing money before debts and tax are understood.

If the estate includes property

Property increases the practical and legal pressure. If you are unsure who should apply, delays can affect mortgage payments, insurance cover, and whether a sale can complete.

For a practical overview, read property after death.

Frequently asked questions

Only in certain circumstances. If there is a will, the executor named in it usually applies. If there is no will, a beneficiary may be the person entitled to apply under intestacy rules.

Depending on the will and who is left, someone else may need to be appointed. If this is blocking progress (especially with property), get advice early.

Yes, multiple executors can be involved. Coordinating early and keeping shared records reduces delays.

Not always. Some organisations will release smaller balances without a grant. Property and sole ownership often make a grant more likely.

Klaro is not a law firm. We connect you with SRA-regulated solicitors.

This guide is for informational purposes. It does not constitute legal advice.

Not sure who should apply?

If your estate involves property or there’s a disagreement about who should act, we can match you with a specialist solicitor.

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