Pre-application matters

Jurisdiction in probate matters

The High Court has jurisdiction in relation to applications relating to probate and letters of administration. The probate jurisdiction of the High Court is divided between the Family Division, which deals with non-contentious probate business and the Chancery Division (and county court) which deals with contentious or solemn form probate business.

For information on the distinction between common and solemn form probate, see Practice Note: What are common and solemn form probate?

The rules that govern non-contentious probate practice are the Non-Contentious Probate Rules 1987, SI 1987/2024 and the fees are contained in the Non-Contentious Probate Fees Order 2004, SI 2004/3120 (NCPFO 2004). The NCPFO 2004 has been amended and updated several times.

While previously there were no territorial limits on the jurisdiction of any particular registry, the requirements are stricter following the reforms to the probate service and the introduction of the paper application forms PA1P and PA1A for practitioners from 23 March 2020 and the rolling out of the online application service for practitioners. Certain probate applications must now be made online, whereas practitioner applications made by paper should be sent to Newcastle