Apply for probate

 

Before you start

You’ll need to:

• report the value of the estate of the person who died to HMRC

and

• pay any inheritance tax due

Check if you need to pay inheritance tax before applying for probate.

If it is an excepted estate you’ll need to fill in either:

• for deaths on or before  31 December 2021 HMRC use form IHT205
• for deaths on or after 1 January 2022 you do not need to fill in a HMRC form however you must give details of the assets you need a Grant of Representation for and extra information for Inheritance Tax on the Estate Summary Form NIPF7
• if Inheritance Tax is due or full details are needed HMRC use form IHT400

What you need to apply

There are documents you will need to apply. The documents you need will depend on the particular circumstances of the application. 

In most cases, the following documents are needed:

• death certificate or coroner's certificate (personal applications only)
• if applicable, the original Will and/ or original codicil or codicil including any original lists/ maps referred to in the Will - all executors who are applying will have to initial the original Will before applying
• Inheritance Tax Form – filled in and signed or Estate Summary Form NIPF7
• to make a probate application without using a legal representative the lead applicant must verify their identity - more details can be found in the 'Proving your identification in probate applications' section below
• if applying by post, your filled-in application form
• the court fee  (Court of Judicature (Non-Contentious Probate) Fees)

As well as these documents, you will also need to know:

• details of the assets of the person who died – for example what name is on the title deeds of a house, or does the person who died have any assets outside of Northern Ireland
• the marital status of the person who has died
• if the person who has died had any Wills that were made outside of Northern Ireland
• if all executors named in the Will wish to apply - executors may wish to renounce their power or reserve their power (if one or more of the executors have died, you will have the opportunity to tell the court of this through the application process) 
• if all executors named in the Will are mentally capable of being involved in the application Enduring Power of Attorney or Controllership 
• the names, addresses and occupation of all executors/ administrators who will be applying for probate
• if applying online, the mobile phone number and email addresses of all executors/ administrators who are applying

The following documents may be needed, depending on your particular application:

• Reserve power and/ or renounce power forms 
• certified copy of Foreign Grant and certified copy of Foreign Will
• registered Enduring Power of Attorney
• certified copy of Controllership Order
• filled in Power of Attorney form 
• any court order made about the matter - for example a court order deeming a copy of a Will as an original or a court order appointing an administrator

Privacy notice

You can find out how any personal information you send to the Probate Office when using this service will be handled by viewing its privacy notice.

Continue with or review your probate application

If you have started a probate application and want to finish it, or if you have sent your application and want to view it, log in to your probate account.

Members of the legal profession should login at this link: NIDA account login -for members of the legal profession 

 

More information

Apply for probate by post

You can also apply by post by filling in the suitable downloadable form:

• Apply for probate if there is a Will form (NIPF1 )
• Apply for probate if there is not a Will form (NIPF2 )

Help and advice

You can contact the NICTS Probate Office for administrative advice.

If you need advice of a legal nature, you should get this from a qualified legal practitioner, as NICTS probate staff cannot give you this.

If you need a solicitor, you should contact the Law Society of Northern Ireland.

Proving your identification in probate applications

To make a probate application without using a legal representative, the lead applicant will have to prove their identification.

If an application is made through the Probate Portal, the lead applicant will have to prove their identification through nidirect's Identity assurance.

For paper-based applications the lead applicant will have to give a certified copy of photographic ID.

A photocopy of the ID will have to be certified - the person certifying should write the following on a photocopy of the ID:

• I certify that this is the photographic ID of (put in the lead applicant’s name and address)
• Print your name (person certifying), sign and date the copy and state your profession (see list below)

ID documents which are accepted include:

• a full or provisional driving licence (photographic part)
• a passport
• an Electoral Identity Card
• a Translink Senior SmartPass
• a Translink 60+ SmartPass
• a Translink War Disabled SmartPass
• a Translink Blind Person’s SmartPass

By certifying, the person is confirming that:

• they have known you for at least two years
• they are be able to identify you, for example they’re a friend, neighbour or colleague (not just someone who knows you professionally)
• they are ‘a person of good standing in their community’ or work in (or be retired from) a recognised profession

Recognised professions

Examples of recognised professions include:

• accountant
• airline pilot
• articled clerk of a limited company
• assurance agent of recognised company
• bank or building society official
• barrister
• chairman or director of a limited company
• chiropodist
• commissioner for oaths
• councillor, for example local or county
• civil servant (permanent)
• dentist
• director, manager or personnel officer of a VAT-registered company
• doctor/ medical practitioner/ surgeon
• engineer with professional qualifications
• financial services intermediary, for example a stockbroker or insurance broker
• fire service official
• funeral director
• insurance agent (full-time) of a recognised company
• journalist
• justice of the Peace
• legal secretary (fellow or associate member of the Institute of Legal Secretaries and PAs)
• licensee of a public house
• local government officer
• manager or personnel officer of a limited company
• member, associate or fellow of a professional body
• Member of Parliament
• Merchant Navy officer
• minister of a recognised religion (including Christian Science)
• nurse (RGN or RMN)
• officer of the armed services
• optician
• paralegal (certified paralegal, qualified paralegal or associate member of the Institute of Paralegals)
• person with honours, for example an OBE or MBE
• pharmacist
• photographer (professional)
• police officer
• Post Office official
• president or secretary of a recognised organisation
• Salvation Army officer
• social worker
• solicitor
• surveyor
• teacher or lecturer
• trade union officer
• travel agent (qualified)
• valuer or auctioneer (fellow or associate members of the incorporated society)
• Warrant Officers and Chief Petty Officers