Farra is a death administration assistant for UK families. Get step-by-step guidance for registering a death, applying for probate, notifying banks, and managing bereavement admin. From essential documents to practical checklists, Farra simplifies estate paperwork and funeral-related tasks so you can focus on what matters.
Yes. There is no requirement to be UK-resident to apply for probate. As a non-resident executor, you can handle the whole process remotely. Since 2018 there is no oath to swear in person — you confirm a statement of truth as part of the application — so the main differences are postal delays and dealing with UK banks and assets from overseas. This page describes probate in England and Wales.
Before starting the probate process, it is worth confirming that probate is actually required. Not every estate needs it.
Assets held in joint names — a joint bank account or a property owned as joint tenants, for example — pass automatically to the surviving owner by right of survivorship. No probate is needed for these. Small estates where all assets were held solely by the deceased may also fall below the threshold banks set before they require a grant of probate, which is typically £5,000–£50,000 depending on the institution.
Probate is most commonly needed when the deceased owned UK property in their sole name, held bank or investment accounts above the relevant threshold, or owned shares registered solely in their name.
For a full breakdown of when probate is and is not required, see our guide: Do you need probate in the UK?
Any individual named as executor in a valid UK will can take on that role, regardless of where they live or their nationality. There is no legal requirement to be a UK citizen or UK resident to apply for probate.
Foreign nationals are equally entitled to act as executor. Executors based in Australia, the USA, Singapore, Canada, the UAE, or anywhere else have the same legal standing as those based in the UK.
Where the deceased died without a will (intestate), the nearest relative is typically entitled to apply for letters of administration rather than a grant of probate. The same principles apply — residence and nationality are not barriers.
Multiple executors
If there are multiple executors named in the will, not all of them need to apply. One or more can apply whilst others formally reserve their power (known as ‘power reserved’). This is a useful option if some executors are overseas and one is based in the UK.
The probate process for an overseas executor follows the same fundamental steps as for a UK-based executor, but with some additional logistical arrangements at each stage.
You will need the original death certificate (or certified copies — order at least five), the original will, and your own identification documents. If the death was registered in England or Wales, you can order additional certified copies of the death certificate from the General Register Office by post or online.
If documents need to travel internationally, use tracked and insured courier services. Never send original documents via standard post.
You need an accurate valuation of all UK assets as at the date of death. For UK property, you can instruct a local UK estate agent or RICS-qualified surveyor remotely — most will conduct a valuation and send a written report without you needing to be present.
For UK bank and investment accounts, write to each institution with a copy of the death certificate and request a date-of-death valuation. Most banks will provide this by post or email. Keep records of all valuations as they will be needed for the IHT forms.
For deaths on or after 1 January 2022 there is no short-form IHT return. Most estates are excepted estates and simply report their headline figures as part of the online probate application (PA1P) — there is no separate IHT form to complete. You only complete a full form IHT400, along with any relevant supplementary schedules, if the estate is not excepted — broadly where inheritance tax is due, the estate isn't covered by the spouse or charity exemption, or there are trusts, significant lifetime gifts or foreign assets.
The two deadlines are different, and conflating them is a common and expensive mistake. Under section 216 of the Inheritance Tax Act 1984, personal representatives must deliver the account within twelve months from the end of the month in which the death occurred, or three months from when they first act, whichever is later. The tax, under section 226, is due six months after the end of the month of death — GOV.UK puts it as "by the end of the sixth month after the person dies to avoid paying interest". So the money is due well before the form is.
This step is now the same for overseas and UK-based executors. The old requirement to swear the executor's oath in person before a solicitor, notary or consulate was abolished in 2018. Instead, you confirm a statement of truth as part of the application, verifying that the information you have given is correct.
Applying online through the GOV.UK probate service, you confirm the statement of truth electronically; on a postal PA1P you sign the statement of truth on the form itself. There is no appointment to arrange and no in-person swearing — a significant simplification for executors living abroad. (MyHMCTS is the separate portal used by solicitors and other probate practitioners, not by executors applying for themselves.)
You can apply online through the GOV.UK probate service, or by post using form PA1P if there is a will or PA1A if there is not. GOV.UK says paper applications take longer to process than online ones.
You will need to pay the £526 court fee at the time of application. There is no fee if the estate is £5,000 or less.
GOV.UK says you will usually get probate within 12 weeks of submitting your application, and that it can take longer if you need to provide additional information. Order the copies of the grant you will need with the application: they are £2 each at that point and £16 each afterwards. You will need to send copies to banks, HM Land Registry, and other institutions when collecting assets.
With the grant in hand, you can close bank accounts, transfer or sell property, claim insurance payouts, and distribute assets to beneficiaries — all from abroad. Property sales require appointing a UK conveyancing solicitor. Many banks accept instructions by post or email. Allow more time than you would if you were based in the UK, as postal correspondence with UK institutions can be slow.
You may still see older guidance referring to swearing the executor's oath in person before a solicitor, notary or consulate. That requirement was abolished in 2018. It has been replaced by a statement of truth — a declaration, confirmed as part of the probate application, that the information you have given is true and that you will administer the estate faithfully.
For overseas executors this is a significant simplification. There is no appointment to arrange with a UK notary or British Consulate and no in-person attendance. Applying online through the GOV.UK probate service you confirm the statement of truth electronically; applying by post using form PA1P, you sign the statement of truth printed on the form itself.
The original will still travels
The Probate Registry needs the original will — not a copy — sent to it as part of the application. If you do not yet have the original, the usual places to look are the solicitor or will-writer who drafted it, the deceased's bank, and any commercial will-search register the deceased may have used. Send it by a tracked, insured postal service and keep a copy for your own records, as posting original documents from abroad carries a risk of loss or delay.
Because there is no oath appointment to book, the main sources of delay for overseas executors are simply the post — getting the original will and any supporting documents to the Registry — and the extra time UK banks and institutions take to respond to correspondence from abroad. Allow generous margins for both.
The inheritance tax rules are the same whether the executor is based in the UK or overseas. What changes is the practical challenge of meeting deadlines and paying the tax when you do not have direct access to UK bank accounts.
The deadline for delivering form IHT400 and the deadline for paying the tax are different, and both run from the end of the month of death rather than from the date itself.
Interest runs on unpaid tax from the payment deadline onwards, regardless of whether probate has been granted. Note also that you cannot apply for probate until the estate's value has been reported, and you will normally have to start paying the tax before probate is granted.
This creates a chicken-and-egg problem. You need probate to access the deceased's bank accounts, but you need to pay the tax before probate is granted. There are two main solutions:
Where an IHT refund goes back to
If HMRC owes the estate a refund — because the estate was later valued lower than declared, say — you write to HMRC with the name, number and sort code of the account it should go to. Where the tax was paid under the Direct Payment Scheme and no grant has yet issued, HMRC's guidance is that the money can only go back to the account it came from. Keeping a UK account open through the administration avoids the problem either way.
For a full explanation of inheritance tax rates, thresholds, and exemptions, see our UK inheritance tax guide 2026/27.
Instructing a UK probate solicitor is entirely optional for most estates, but it becomes a more sensible option when you are managing things from abroad and the estate is not straightforward.
Costs are the court fee, copies of the grant, valuations and death certificates. No official source publishes a typical total, so we do not quote one.
Professional fees vary widely and are not published anywhere official; ask for a written quote before instructing anyone.
Applying for a grant of representation is a reserved legal activity under the Legal Services Act 2007, so anyone doing it for you must be authorised. Solicitors are the most familiar route, but they are not the only one: CILEX practitioners, licensed conveyancers and accountancy firms accredited for probate work can also be authorised to do it. Whoever you use can handle the process from valuing the estate to distributing the assets, and can usually manage document signing by post.
For more detail on the costs and process of applying for probate, see how to apply for probate in the UK and our complete UK probate guide 2026.
If you are finding it difficult to manage the practical side of estate administration from overseas, you can grant a power of attorney to someone in the UK to act on your behalf for specific tasks.
There is a common belief that an attorney cannot make the application at all. That is not quite right. Rule 31 of the Non-Contentious Probate Rules 1987 allows the lawfully constituted attorney of a person entitled to a grant to apply for administration for the use and benefit of the donor — so what the attorney gets is a limited grant of letters of administration, not a grant of probate in the executor's own name, and where the donor is an executor the other executors must normally be notified. Beyond the application, an attorney can deal with banks, manage property, handle post and carry out other practical tasks on your behalf.
A power of attorney granted abroad may need to be apostilled (a form of international certification) before UK institutions will accept it. Check with each institution in advance, as requirements vary.
These are the issues that most commonly cause delays and complications for executors managing UK probate from abroad.
Confusing the payment deadline with the IHT400 deadline
Note which deadline you are calendaring. The tax is due six months after the end of the month of death; the IHT400 itself is due twelve months after the end of the month of death (or three months after you first act, if later). It is the payment deadline that comes first and that interest runs from. For deaths on or after 1 January 2022 there is no separate IHT205 form — an excepted (non-taxable) estate reports its figures within the probate application itself, while a full IHT400 is only needed where the estate is not excepted.
Not ordering enough death certificate copies
Each institution — bank, building society, investment platform, pension provider — typically requires its own certified copy. Order at least eight to ten copies at the outset. Additional copies can be ordered later from the GRO, but this adds weeks of delay.
Assuming you must attend in person to swear an oath
Older guidance still refers to swearing the executor's oath before a UK notary or British Consulate. That requirement was abolished in 2018 — you now confirm a statement of truth as part of the application, with no in-person appointment. Don't waste time and money booking one.
Forgetting that HMRC requires a UK bank account for repayments
If HMRC owes the estate money — because the estate was overvalued, for example — it can only make payments to a UK bank account. Keep at least one UK account open throughout the administration, even if it holds a minimal balance.
Underestimating timescales
UK institutions are not accustomed to the pace of digital communication that overseas executors may expect. Many banks and solicitors still communicate primarily by post. Build in additional weeks for every stage of the process.
Was the deceased also a non-UK resident?
If the deceased lived outside the UK, different inheritance tax rules may apply depending on their domicile status. See our companion guide: UK inheritance tax when the deceased was a non-UK resident.
Closing UK bank accounts from abroad
Once you have the grant of probate, you will need to contact each UK bank and building society to close accounts and transfer funds. See our guide: how to close UK bank accounts after a death from abroad.
Yes. Residency and nationality are irrelevant to your legal entitlement to act as executor. Any person named in a valid UK will can take on the role. Since 2018 there is no oath to swear in person — you confirm a statement of truth as part of the application — so the practical steps can all be handled from overseas.
No. The entire probate application can be submitted online or by post from abroad. There is no longer any oath to swear in person — you confirm a statement of truth as part of the application, so there is no appointment to attend at a notary or consulate.
GOV.UK says you will usually get probate within 12 weeks of submitting your application, and longer if further information is needed. No official source publishes a separate figure for executors applying from abroad, so we do not quote one — but allow additional time at every stage for post and for institutions taking longer to reply overseas.
The tax is due by the end of the sixth month after the death; the IHT400 itself is due within twelve months of the end of the month of death. You will normally have to start paying before probate is granted. If you cannot access estate funds, use the HMRC Direct Payment Scheme — send form IHT423 to the bank, building society or investment provider and it will pay HMRC directly from the deceased's account.
A local lawyer in your country cannot apply for UK probate on your behalf. Applying for a grant is a reserved legal activity under the Legal Services Act 2007, so it has to be done by the executor personally or by someone authorised in England and Wales to carry out probate activities — solicitors, but also CILEX practitioners, licensed conveyancers and accredited accountancy firms. A local lawyer can still help with notarisation, document preparation, and advice on any tax implications where you live.
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