The person who can apply for probate depends on whether the deceased left a valid Will.
Where there is a valid Will
The executor or executors named in the Will have the right to apply for a Grant of Probate. Up to four can be named on the grant. Executors must be aged 18 or over. A named executor does not have to act and can formally renounce the role before any application is made.
Where there is no valid Will
The right to apply for Letters of Administration follows the Rules of Intestacy priority order:
- A surviving spouse or civil partner has the highest priority
- Adult children come next if there is no surviving spouse or civil partner
- Other relatives follow in a defined legal order
Unmarried partners, stepchildren (unless legally adopted), and friends have no automatic right to apply without a Court order.
Can a professional apply on your behalf?
A solicitor or professional can apply for probate on your behalf, but you as executor remain the applicant. They act as your agent. YouCanDoProbate allows you to complete your own application with all forms handled by the platform.
