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The Executor's Oath: What You Need to Swear

· 33 min

Note: The following scenario is fictional and used for illustration.

James, 42, was named executor in his father's will. He remembered his mother mentioning that executors had to "go before a solicitor and swear on the Bible" when his grandfather died in 2015. Now facing probate himself, James was confused because the gov.uk website talked about a "statement of truth" and applying online. He worried he was missing a step or looking at the wrong guidance.

James isn't alone in his confusion. About 80% of UK probate applications are now completed online with a digital statement of truth. Online applications average just over 2 weeks for processing, compared to over 20 weeks for paper applications.

The probate oath system fundamentally changed in November 2018 when the Non-Contentious Probate (Amendment) Rules replaced the traditional oath with a statement of truth. This guide explains exactly what modern executors need to sign, what they're declaring, and why the change makes probate applications simpler and faster.

Table of Contents

The Executor's Oath: What It Was and Why It Changed

The traditional executor's oath was a formal requirement under the Non-Contentious Probate Rules 1987. Executors had to attend a probate registry or solicitor's office in person, swear before an authorised officer that they would properly administer the estate, and physically mark the original will.

The process was time-consuming and costly. Executors paid £5 for the oath itself, plus £2 for each exhibit. More importantly, scheduling an in-person appointment often added weeks to the probate timeline, particularly in busy registry offices or when coordinating multiple executors' availability.

On 27 November 2018, the Non-Contentious Probate (Amendment) Rules 2018 came into effect. These rules replaced the oath requirement with a statement of truth that executors could sign at home or electronically online. The will no longer needed to be marked by an authorised officer.

The government implemented this change to facilitate online probate applications, reduce the burden on bereaved people during an already difficult time, and speed up probate processing across England and Wales. The modernisation has been remarkably successful.

Margaret, 68, applied for probate in 2017 using the old oath system. She took a day off work, travelled 45 minutes to her local probate registry, waited nearly an hour past her appointment time, swore the oath before an officer, and watched him mark her husband's will. The entire process took half a day and cost her £5 in fees plus travel and parking expenses.

Her daughter Emma, 35, applied online in 2024. She completed the digital application at home one evening, signed the statement of truth electronically, and received the grant of probate just 12 days later. She never left her house or paid extra fees beyond the standard £300 application fee.

This transformation reflects how UK probate has moved from a paper-heavy, appointment-based system to a streamlined digital service designed for personal applicants.

What Is a Statement of Truth for Probate?

A statement of truth is a formal declaration that the information in your probate application is accurate and complete to the best of your knowledge. It replaced the traditional executor's oath but carries exactly the same legal weight and consequences.

When you sign a statement of truth, you're declaring several key facts: your identity and right to apply, the will's validity (if applicable), the accuracy of your estate valuation, and your commitment to administer the estate properly according to law. The declaration includes an explicit warning about criminal consequences for dishonesty.

The exact wording states: "I believe that the facts stated in this application are true and understand that criminal proceedings for fraud may be brought against me if I am found to have been deliberately untruthful or dishonest." This language appears in both online and paper applications.

The statement of truth carries the same criminal penalties as the traditional oath. Under the Fraud Act 2006, knowingly making false statements can result in up to 10 years imprisonment and unlimited fines. Contempt of court proceedings can also be brought against anyone making false statements without honest belief in their truth, carrying penalties of up to 2 years imprisonment.

The critical difference between the oath and statement of truth isn't the legal consequences—it's the practical process. Both online and paper applications use the statement of truth format, but online applicants sign electronically while paper applicants provide a wet-ink signature. Neither requires a witness, solicitor attendance, or will marking.

Here's a comparison of the two systems:

Factor Traditional Oath Statement of Truth
Where signed Probate registry or solicitor's office At home or online
Appointment needed Yes (could take weeks to schedule) No
Travel required Yes No
Will marking Required (officer signs will) Not required
Processing time 12+ weeks (2023 average) Just over 2 weeks online (2024)
Cost £5 per oath + £2 per exhibit £0 (included in £300 application fee)
Convenience Office hours only, in-person attendance 24/7 online access from home

The statement of truth achieves the same legal objective as the oath—ensuring executors understand their responsibilities and the seriousness of providing accurate information—while making the process accessible, convenient, and faster.

What Exactly Are You Declaring in the Statement of Truth?

The statement of truth covers five essential areas. Understanding each element helps you complete your application accurately and confidently.

1. Your Identity and Relationship to the Deceased

You declare your full legal name, address, and relationship to the deceased. You confirm that you're named as an executor in the will, or if there's no will, that you're entitled to apply under intestacy rules. This establishes your legal standing to apply for the grant.

2. The Will's Validity

If a will exists, you declare that you believe it's the last valid will of the deceased. You must include the will's execution date—this became a specific requirement in the 2018 amendments. You also state that you're unaware of any later wills or codicils that would supersede the document you're submitting.

3. Estate Valuation Accuracy

You confirm that the estate value you've stated is accurate to the best of your knowledge. This includes declaring that you've included all known assets and debts, and that the inheritance tax information you've submitted is correct. The probate registry cross-references your valuation with HMRC data, so accuracy is essential.

4. Your Commitment to Proper Administration

You pledge to collect in all estate assets, pay all valid debts, distribute the estate according to the will's terms or intestacy rules, and submit estate accounts if required. This is the core of the executor's responsibility and mirrors what the traditional oath covered.

5. Truth and Consequences Declaration

You acknowledge that the information you've provided is true, and you understand that false statements may result in criminal proceedings under the Fraud Act 2006. This warning appears prominently in both online and paper applications.

David, 50, was completing his statement of truth when he suddenly remembered his mother's Premium Bonds worth £8,000. He hadn't initially included them in his estate valuation because he'd forgotten about them until seeing an old statement while clearing her paperwork.

David immediately revised his application before submitting it. He updated the estate value, amended his inheritance tax form, and recalculated the totals. Because he corrected the information before signing the statement of truth, he avoided any potential accusation of providing false information. Had he submitted the lower figure and discovered the bonds later, he would have needed to contact HMCTS probate immediately to submit corrected information.

This example illustrates why thorough estate valuation before signing your statement of truth is so important. Take time to search for all assets, check bank statements, contact pension providers, and review investment portfolios before you commit to the figures in your application.

How to Complete the Statement of Truth: Online vs Paper Applications

The method you choose affects both the process and the timeline. Here's exactly what each involves.

Online Application Process

Step 1: Access the gov.uk probate service

Visit the online probate application portal and check your eligibility. You can apply online if the death was registered in the UK, you're applying from England or Wales, and you've valued the estate. The system guides you through a series of questions to confirm you're eligible.

Step 2: Complete the digital application

Enter all required information including the deceased's details, your details as executor, the will date, and the estate valuation. You'll also need your inheritance tax form reference—either IHT205 for estates under the threshold or IHT400 for larger estates. The online system saves your progress automatically, so you can complete it in multiple sessions.

Step 3: Sign the digital statement of truth

When you've reviewed all your information, you sign the statement electronically by ticking confirmation boxes and entering your name. There's no witness required. The system presents the statement of truth language clearly, ensuring you understand what you're declaring. You cannot proceed without confirming you've read and understood the criminal penalties for false statements.

Step 4: Pay the fee online

The probate application fee is £300 for estates over £5,000 (no fee for estates £5,000 or less). Pay by debit or credit card. You can also order additional certified copies of the grant at this stage for £16 each. Most executors need 3-5 copies for banks, investment companies, and other asset holders.

Step 5: Post the original will

After submitting your online application, you'll receive instructions to post the original will to HMCTS Probate within a specified timeframe. Use recorded delivery for security. Don't mark, fold, or damage the original will—just send it as is in protective packaging.

Paper Application Process (Form PA1P)

Step 1: Obtain Form PA1P

Download the 23-page PA1P form from gov.uk or request a copy by post. This form is designed for practitioners but can be used by personal applicants. Complete all sections accurately, using black ink and capital letters where indicated.

Step 2: Complete inheritance tax forms

Submit Form IHT205 for estates under the inheritance tax threshold or Form IHT400 for larger estates. If inheritance tax is payable, you must submit forms to HMRC and pay any tax due before applying for probate. This can add weeks to your timeline.

Step 3: Sign the statement of truth section

The PA1P form includes a statement of truth section near the end. Read it carefully, then sign with a wet-ink signature on the date you sign it. All applying executors must sign individually. You don't need a witness—this is a change from the oath system where an authorised officer witnessed your signature.

Step 4: Submit by post

Mail your completed application to the probate registry. Include the original will (unmarked), a certified copy of the death certificate, your completed inheritance tax forms, and payment—either a cheque for £300 (if the estate exceeds £5,000) or request for fee exemption if applicable. Keep photocopies of everything for your records.

Processing Time Statistics

The difference in processing times between methods is substantial. According to December 2024 government data, online applications now average just over 2 weeks for completion. Paper applications average over 20 weeks—a significant improvement from over 22 weeks in late 2023, but still much longer than online submissions.

About 80% of UK probate applications are now completed online. The government has invested heavily in the digital service, with staffing increases and process improvements that prioritise online applications for faster processing.

If you're comfortable with computers and have reliable internet access, applying online offers clear advantages: faster processing, progress tracking through your account, and immediate confirmation when your application is received.

Do You Still Need a Commissioner of Oaths or Solicitor?

For standard probate applications in England and Wales, you no longer need a commissioner of oaths or solicitor. The statement of truth doesn't require a witness, can be signed at home for paper applications or electronically for online applications, and involves no oath-swearing fees.

This represents a significant cost and time saving for executors. Under the old system, you had to arrange an appointment with a solicitor or travel to a probate registry, potentially taking time off work and paying professional fees. The modern system eliminates these requirements entirely.

However, certain complex situations still require professional involvement.

When You MIGHT Still Need a Solicitor or Commissioner

1. Lost or Damaged Wills (Rule 54 Applications)

If the original will has been lost, destroyed, or damaged to the point where it's partially illegible, you'll need to submit a Rule 54 application. This requires an affidavit sworn before a commissioner of oaths or solicitor, explaining the circumstances of the loss or damage and providing evidence of the will's contents.

You might need to submit a copy of the will (if one exists), drafts that show the deceased's intentions, or witness statements from people who saw the original. These applications require careful legal preparation and typically benefit from solicitor assistance.

2. Disputed Capacity or Undue Influence

If family members are questioning whether the deceased had testamentary capacity when making their will, or suggesting someone exerted undue influence, you may need professional witness statements. Medical professionals might provide affidavits about the testator's mental state, and witnesses to the will's execution might need to make formal statements about the circumstances.

3. Complex Estate Issues

Estates with foreign assets may require affidavits for overseas authorities. Businesses requiring formal valuations might need expert statements. Trust corporations acting as executors need authorised officers under the Administration of Estates Act 1925. These situations often involve solicitor coordination.

4. Contentious Probate

Once probate becomes contentious—meaning parties are disputing the will's validity or executor conduct through court proceedings—you'll need sworn witness statements for any court submissions. Contentious probate is a specialized area requiring legal representation.

Cost Comparison

Understanding the financial implications helps you decide when professional help is genuinely worth the investment:

  • Statement of truth for standard probate: £0 (included in £300 application fee)
  • Commissioner of oaths affidavit: typically £5-£10 per document
  • Solicitor-assisted probate application: £1,250-£2,000 for straightforward estates
  • Full estate administration by solicitor: £4,800-£30,000+ depending on complexity

Sarah, 45, found her father's will, but the last page was water-damaged and partially illegible. She could make out most of the text, but the signatures and witness details were blurred beyond recognition. Sarah needed a solicitor to prepare a Rule 54 affidavit explaining the damage, providing a reconstruction based on earlier drafts her father had shared with his solicitor, and swearing that this represented her father's final intentions.

The solicitor charged £750 for preparing the affidavit, locating the draft versions from their archives, and arranging for Sarah to swear the affidavit before a commissioner of oaths. While this was an unexpected expense, it was far less than the several thousand pounds full estate administration would have cost. Once the grant was issued, Sarah handled the rest of the estate administration herself.

For the vast majority of executors dealing with straightforward estates and valid wills, the modern statement of truth system means you can handle the application yourself without any professional fees beyond the £300 probate application charge.

What Happens If You Make a False Statement?

Making false statements on a probate statement of truth carries serious criminal consequences. Understanding the difference between honest mistakes and deliberate lies is crucial.

Criminal Consequences

1. Contempt of Court

Contempt of court applies when you make false statements in court documents without honest belief in their truth. The Civil Procedure Rules on statements of truth make clear that proceedings for contempt can be brought against anyone making false statements, even if the underlying case has merit.

The penalty for contempt of court is up to 2 years imprisonment. The standard of proof is "beyond reasonable doubt"—the same as criminal cases. Courts have imposed custodial sentences even when the false statement wasn't directly related to the main claim but involved fabricated supporting documents.

2. Fraud Act 2006 Offences

Under Section 1 of the Fraud Act 2006, fraud by false representation applies when you knowingly make false statements intending to gain financially or cause loss to others. This directly applies to probate applications where estate valuations, asset declarations, and will validity affect distribution.

The maximum penalty is 10 years imprisonment and/or unlimited fines. Prosecution services take probate fraud seriously because it involves vulnerable bereaved families and can result in significant financial losses to rightful beneficiaries or HMRC.

Real Case Examples

In Lloyds TSB Insurance Services Ltd and Another v Shanley [2014] EWHC 4603, a party fabricated a document to support what was otherwise a genuine case. The High Court imposed a 3-month custodial sentence for civil contempt. The judge emphasised that creating false documents to support legal proceedings is serious misconduct regardless of whether the underlying claim had merit.

In North Bristol NHS Trust v White [2022] EWHC 1313 (QB), a personal injury claimant exaggerated the extent of their injuries in witness statements. Despite surveillance evidence contradicting the claims, the claimant continued to maintain false statements about their capabilities. The court found the dishonest conduct passed the custody threshold and imposed a custodial sentence.

These cases demonstrate that courts don't treat false statements in legal documents as minor administrative errors. Even when the overall claim might be valid, fabricating supporting evidence or making knowingly false statements results in serious consequences.

Common Situations That Could Trigger Investigations

1. Deliberate Estate Undervaluation

Hiding assets to avoid inheritance tax, significantly understating property values, or deliberately omitting bank accounts and investments. HMRC cross-references probate valuations with tax records, bank data, and property registries. Discrepancies trigger investigations.

2. Misrepresenting Will Validity

Claiming a will is valid when you know it was made under undue influence, presenting a later will while suppressing knowledge of an even later version, or failing to disclose known challenges to the deceased's testamentary capacity when making the will.

3. False Claims About Debts

Inflating debts to reduce estate value, claiming debts to friends or family that don't exist, or misrepresenting creditor claims to benefit certain beneficiaries. Probate registries investigate suspicious debt claims, particularly when they significantly reduce estate value.

Honest Mistakes vs Deliberate Lies

The key distinction is whether you knew the statement was false when you made it. Criminal consequences require proof of dishonest intent—not just an error.

Honest mistakes that typically don't result in criminal charges include:

  • You genuinely believed a property was worth £300,000 based on online estimates; the actual professional valuation comes in at £280,000
  • You didn't know about a small savings account because the deceased never mentioned it and you only discovered it when the bank contacted you months later
  • You miscalculated dates or made arithmetic errors while completing forms in good faith

If You Discover an Error

If you realise you've made a mistake after submitting your application, contact HMCTS probate immediately. Submit corrected information, explain the error honestly, and cooperate fully with any enquiries. Don't try to cover up the mistake or ignore it.

Michael, 53, submitted his probate application stating the estate value as £420,000. Two weeks later, while clearing his late father's study, he discovered a bank statement for an account he'd overlooked worth £35,000. Michael immediately contacted HMCTS, submitted amended inheritance tax forms showing the correct £455,000 estate value, and paid the additional probate fee.

The probate officer he spoke to appreciated his prompt disclosure. Because Michael acted immediately and honestly when he discovered the error, there were no penalties—just a brief delay in processing while the corrected information was verified. The grant was issued three weeks later than originally expected, but Michael avoided any suggestion of deliberate misrepresentation.

This example shows how the system distinguishes between honest mistakes corrected promptly and deliberate attempts to deceive. If you discover an error, transparency and immediate correction demonstrate good faith.

Who Needs to Sign the Statement of Truth?

All executors who are applying for the grant must sign the statement of truth. Understanding who signs, when multiple executors are involved, and what happens when some executors can't or won't act is essential for smooth applications.

When Multiple Executors Are Named

Up to 4 executors can be named on a single grant of probate application. If the will names more than 4 executors, you must decide which 4 will apply now. The others can be added later through "power reserved" if needed.

All executors applying must sign the statement of truth individually. You must all agree who will make the application. This agreement should happen before starting the application to avoid delays and family conflict.

When Some Executors Don't Want to Act

Two options exist for executors who don't want to be involved in the application or estate administration.

Option 1: Renunciation

An executor can formally give up their right to apply by completing Form PA15 (Renunciation of Probate). This is permanent—they cannot change their mind later. Crucially, they cannot take any executor actions before renouncing. If they've already started dealing with the estate, they've accepted the role and cannot renounce.

Renunciation is appropriate when an executor is certain they don't want the responsibility, lives far away, has health issues, or has conflicts with other executors that would make cooperation impossible.

Option 2: Power Reserved

Power reserved allows an executor to step back temporarily without permanently giving up their rights. They don't sign the statement of truth, aren't named on the grant initially, but can apply for the grant later if circumstances change.

This is useful when an executor is temporarily unavailable—perhaps working abroad, dealing with illness, or unable to participate due to other commitments. If they become available later, they can be added to the grant through a simple application.

Special Circumstances

Trust Corporations as Executors

When a trust corporation is named as executor, an authorised officer signs on the corporation's behalf. The officer must be authorised under the Administration of Estates Act 1925. Trust corporations are typically banks or specialist firms with specific legal status.

Executor Lacking Capacity

If an executor lacks mental capacity to sign the statement of truth, the situation becomes complex. An attorney acting under a Lasting Power of Attorney might be able to sign on their behalf if the LPA grants appropriate authority. Alternatively, a court-appointed deputy might act. These situations require legal advice because the rules around attorneys acting as executors are nuanced.

Executor Has Died

If an executor dies before applying for probate, they obviously cannot sign. The remaining executors proceed without them. If all named executors have died, the chain of representation rules apply, potentially allowing executors of the deceased executor's estate to apply.

Administrator Applications (No Will)

When someone dies without a will, applications are made by administrators rather than executors. The closest living relatives entitled to apply under intestacy rules must sign the statement of truth. Priority order runs from spouse, then children, then parents, then siblings, and down to more distant relatives.

The statement of truth for administrators covers similar ground but confirms entitlement under intestacy rules rather than appointment under a will.

Practical Scenario

Three siblings—Emma, 42, James, 40, and Sophie, 38—are all named as executors in their mother's will. James lives in Australia and won't return to the UK for several months due to work commitments. The estate includes a house that needs to be sold relatively quickly.

Emma and Sophie decide to apply for probate immediately, with both signing the statement of truth. James signs a power reserved notice, stepping back temporarily but maintaining the option to be added to the grant later if needed. This allows probate to proceed without delay while respecting James's position as a named executor.

The online application includes a question about other named executors. Emma and Sophie indicate that James is reserving power, and the system generates the appropriate documentation. The grant is issued in Emma and Sophie's names, with a note that power is reserved to James.

This arrangement gives the active executors authority to proceed with estate administration while keeping the door open for James to participate later if circumstances allow. It demonstrates how the modern system accommodates family practicalities without compromising legal requirements.

Common Mistakes to Avoid When Signing Your Statement of Truth

Executors make predictable errors when completing statements of truth. Knowing what to avoid saves time, prevents processing delays, and ensures your application proceeds smoothly.

Mistake #1: Forgetting to Include the Will Date

The statement of truth must include the will's execution date. This became an explicit requirement in the 2018 amendments. The date helps the probate registry verify they're processing the most recent will and allows them to check for any later wills or codicils registered with their system.

Check the signature page of the will. The date should appear near the testator's signature. If the will is undated, you may face additional questions from the registry and potential delays. Include the exact date as written on the will—don't approximate or estimate.

Mistake #2: Signing Before Completing All Information

Some executors sign the statement of truth, then realise they need to make changes to the application. Once you've signed, you're confirming the information AS COMPLETED is true. Making changes after signing undermines the purpose of the declaration and may require you to complete a new statement.

Review your entire application thoroughly before signing. Check asset valuations, verify all addresses, confirm the will date, and ensure you've included all known assets and debts. For online applications, use the review function to check each screen before proceeding to the statement of truth signature page.

Mistake #3: Not All Executors Signing (When Required)

One executor sometimes signs assuming they can act for all named executors. This is incorrect. All executors who will be named on the grant must sign the statement of truth individually.

If you're applying with co-executors, ensure you coordinate signatures. Online applications allow multiple executors to sign from different locations using individual login credentials. Paper applications require each executor's wet-ink signature in the designated spaces on Form PA1P.

Mistake #4: Marking the Original Will

Some executors, remembering the old oath system or advice from older guides, mark the original will by signing it or attaching notes. This is no longer required and can potentially damage an important legal document.

Send the original will unmarked, in good condition, in protective packaging. Don't fold it if possible (use a large envelope), don't paperclip anything to it that might leave marks, and don't highlight or annotate it in any way.

Mistake #5: Inconsistent Information Across Forms

When your estate valuation on the probate application differs from figures on your inheritance tax forms, or dates don't match across documents, the registry flags the inconsistency. This triggers queries, delays processing, and may require you to explain discrepancies.

Use the same figures across all documents. If you prepare IHT forms first, copy those valuations exactly to your probate application. Double-check before signing that all monetary amounts, dates, and factual information align across every form you're submitting.

Mistake #6: Failing to Disclose Known Challenges

If family members have questioned the will's validity, expressed concerns about the deceased's capacity when making it, or suggested undue influence, you must disclose this to the probate registry. Concealing known disputes constitutes material non-disclosure and can invalidate your application.

The probate registry needs to know if there are potential challenges so they can decide whether to issue the grant or wait for disputes to be resolved. Being transparent about known concerns protects you from later accusations of improper conduct.

Mistake #7: Rushing the Online Application

The convenience of online applications sometimes leads executors to click through screens quickly without reading carefully. Electronic signature carries exactly the same legal weight as wet-ink signature. Treat the online process with the same care and attention you would give to signing a paper application in front of a solicitor.

The system allows you to save progress and return later. Use this feature. Complete the application in stages, review each section carefully, and don't sign the statement of truth until you're absolutely certain all information is accurate and complete.

Mistake #8: Not Keeping a Copy

Some executors submit their application without saving or printing a copy for their records. You need a copy of what you declared in your statement of truth for your own records and potential future reference.

For online applications, download the PDF summary before final submission. Print it or save it securely. For paper applications, photocopy the entire completed PA1P form and all supporting documents before posting them. These copies become your reference point for what you declared and when.

Best Practice Checklist

Before signing your statement of truth, verify:

  • Will date included and matches the date on the original will
  • All information reviewed for accuracy
  • Estate valuation matches inheritance tax forms exactly
  • All applying executors have signed or will sign
  • Original will is unmarked and in good condition
  • Copy of complete application saved for your records
  • Death certificate copy is certified and included (or will be posted for online applications)
  • Fee payment method confirmed and available

Following this checklist eliminates the most common errors that delay probate applications.

How the Statement of Truth Speeds Up Your Probate Application

The replacement of oaths with statements of truth is one reason processing times have improved dramatically. Understanding the specific benefits helps you appreciate why the modern system works better.

Processing Time Improvements

According to December 2024 government data, overall average processing times fell to just over 4 weeks. This compares to 12 weeks at the end of 2023 and over 8 weeks at the end of June 2024.

Online applications process in just over 2 weeks on average. Paper applications, while still taking longer, have improved from over 22 weeks to over 20 weeks. The system has reduced its backlog by over 50,000 cases since August 2023.

In 2024, the average number of monthly grants issued was 27,400, marking a 20% increase compared to the previous year. The service is processing more applications faster than at any point in recent history.

Why the Statement of Truth System Is Faster

1. Eliminates In-Person Appointments

Under the old system, every executor needed to schedule and attend an appointment at a probate registry or solicitor's office. Busy registries often had waiting times of several weeks just to book an oath appointment. Executors then needed to take time off work, travel to the location, and wait for their appointment.

The modern system allows you to sign at home or electronically. This removes weeks from the process, particularly in areas with busy probate registries or when multiple executors need to coordinate schedules.

2. Enables Digital Processing

About 80% of applications are now completed online. Digital submissions feed directly into HMCTS systems, allowing automated validation checks, faster data entry, and streamlined processing. Staff can process digital applications more efficiently than manually entering data from paper forms.

3. Removes Marking Requirement

The old system required authorised officers to physically mark and sign the original will. This created a bottleneck, particularly when wills were held at solicitors' offices or when executors needed to retrieve them from storage. Removing this requirement simplifies logistics considerably.

4. Reduces Administrative Burden

Probate registry staff no longer schedule oath appointments, staff appointment rooms, or maintain oath-swearing facilities. These resources can be redirected to processing applications, answering queries, and handling complex cases that genuinely need personal attention.

5. Simplifies Multi-Executor Applications

Under the oath system, all executors needed to attend together or make multiple separate appointments. Coordinating three or four executors' schedules, particularly when they lived in different cities, could delay applications by months.

Online applications allow each executor to sign independently using individual credentials. Paper applications simply require each person to sign in their own time. This flexibility dramatically speeds up multi-executor applications.

Comparison: Real Timeline Examples

Emma's Online Application (February 2025)

  • Day 1: Completes online application, signs statement of truth electronically, pays £300 fee
  • Day 2: Posts original will via recorded delivery
  • Day 4: HMCTS receives will, begins processing
  • Day 12: Grant of probate issued and received by post
  • Total: 12 days

James's Paper Application (February 2025)

  • Week 1: Completes PA1P form by hand, signs statement of truth in wet ink
  • Week 2: Posts application with original will, death certificate, IHT forms, and cheque for £300
  • Week 4: HMCTS receives and logs application (postal delays and manual logging)
  • Week 8: Processing begins (paper applications queued behind online submissions)
  • Week 14: Grant of probate issued
  • Total: 14 weeks

These examples reflect current processing realities. Online applications receive priority processing because they're easier to handle, contain fewer errors (the system validates entries), and integrate directly with digital workflows.

When to Expect Delays

Some circumstances extend processing times regardless of submission method:

  • Complex estates requiring additional information or clarification
  • HMRC inheritance tax investigations or queries
  • Missing documents that need to be requested and resubmitted
  • Errors or inconsistencies requiring correction
  • Contentious probate with disputes or caveats registered
  • Unusual circumstances requiring legal review

The average times reflect straightforward applications. Factor in additional weeks if your estate involves complexity, significant inheritance tax liability, or potential disputes.

The transformation from oath to statement of truth represents more than just procedural simplification. It reflects a fundamental reimagining of probate as a service designed for bereaved families handling straightforward estates themselves, rather than an exclusively solicitor-managed process requiring formal court appearances.

Frequently Asked Questions

Q: Do executors still need to swear an oath for probate in the UK?

A: No, executors no longer need to swear a traditional oath. Since November 2018, the UK probate system replaced the executor's oath with a statement of truth. If you apply online, you sign this electronically. Paper applications require a wet-ink signature. You no longer need to attend a probate registry or solicitor's office to swear an oath in person.

Q: What is the difference between an executor's oath and a statement of truth?

A: The traditional executor's oath required you to swear before a solicitor or probate registry officer, mark the original will, and pay fees for each oath and exhibit. The statement of truth simply requires your signature on the probate application form, doesn't require marking the will, and can be signed at home or electronically online. Both carry the same legal weight and criminal penalties for false statements.

Q: What happens if you lie on a probate statement of truth?

A: Making false statements on a probate statement of truth can result in contempt of court (up to 2 years imprisonment) or fraud charges under the Fraud Act 2006 (up to 10 years imprisonment and unlimited fines). Courts have imposed custodial sentences even when the case itself had merit but parties fabricated supporting documents.

Q: Can you apply for probate online without swearing an oath?

A: Yes, online probate applications use a digital statement of truth instead of a traditional oath. About 80% of UK probate applications are now completed online, with average processing times of just over 2 weeks compared to over 20 weeks for paper applications. You sign the statement electronically when submitting your application through the gov.uk probate service.

Q: Who needs to sign the statement of truth for probate?

A: All executors named in the will who are applying for the grant must sign the statement of truth. Up to 4 executors can be named on a single application. If more than one executor is named in the will, you must all agree who will make the application, but those applying must each sign the statement.

Q: Do you still need a commissioner of oaths for probate applications?

A: No, you no longer need a commissioner of oaths for standard probate applications in England and Wales. The statement of truth replaced the oath system in November 2018. However, you may still need a commissioner of oaths or solicitor for special circumstances like affidavits supporting lost will applications under Rule 54 of the Non-Contentious Probate Rules.

Q: How much does it cost to swear a probate oath in 2025?

A: There is no cost to sign a statement of truth for probate, whether online or by post. The probate application fee is £300 for estates over £5,000 (no fee for estates £5,000 or less). Extra copies of the grant cost £16 each. Under the old oath system, solicitors charged around £5 for the oath plus £2 per exhibit.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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