Probate Advice UK is a basic guide for an applicant in England & Wales.

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This website is intended to be for probate help & guidance only - It is not a substitute for professional legal advice.

 

What is probate? What forms are there? What else should I send? Where do I send the forms? What about duty or tax? What is the responsibily of the probate registry?	Why is a grant necessary? Is a grant always needed?   Am I entitled to a grant? How do I apply for a grant? Why do I have to be interviewed? When will I be interviewed?   What happens after the interview?

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SOLICITORS HELPLINE - 0844 3303516 - FREE LEGAL ADVICE

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What is probate?

When someone dies a legal process has to be followed to the collect the Deceased persons assets. This process is known as Probate, and it ends with the probate

Courts known as the Probate Registry issuing a legal document known as a Grant of probate ( if a will exists ) or a Grant of letters of administration ( if there is

no will.

 

The Person responsible ofr administering the estate, is typically the named Executor in a will or the Administrator ( typically the next of kin ) when the person dies

with no will known as Intestate.

Throughout this website the term grant will be used for all types of grants of representation.

Why is a grant necessary?  

Probate is required when assets of the Deceased exceed £5,000 in value.

The most common reasons for probate will be to release funds held by the Deceased in a bank or building society account or alternatively to sell a property previously owned

by the Deceased or to change or transfer the legal title of the propery..

 

Is a grant always needed?  

Probate is not required in every case as sometimes banks do release funds often under £15,000 on production of a death certificate and a copy of the will.

Cases when probate is not required will be when assets are held jointly such a property or bank account.In these cases jointly owned asses becomes the property

of the surviving owner.

If you are selling a property you must obtain a Grant first.

 

Am I entitled to a grant?  

The person who applies for a grant will be the named Executor in the will. If the Executor has died and there is no substitute Executor named

a beneficiary under the will can apply.

If no will exists then the Intestacy Rules set out an Order of entitlement as to who can apply to administer the Estate, typically this will be in the

following Order

1. Husband or Wife;

2. Sons or Daughters; *

3. Parents;

4. Brothers or Sisters; *

5. More distant relatives.

(* Or if any have died in the lifetime of the deceased then their sons or daughters may apply)

A grant cannot be issued to any person under the age of 18. In cases involving a Minor at least two administrators will be required.          

 

 

How do I apply for a grant?  

The starting point is to decide upon whether you wish to apply through a Probate Solicitor or in person. Points to when deciding on a Solicitor include :-

• An executor remains personally liable for the estate administration therefore seeking help from a solicitor can be sensible
• A solicitor is insured
• There is no interview at the probate registry if a solicitor is issued – the entire process can be undertaken through the post
• If there is a property involved then it is sensible to seek legal help as the land registry will frequently require legal documents to be lodged
• If a contested probate dispute arises legal help will always be required
• If there are problems with the will itself
• Time – applying for probate can often be very time consuming : Expertise and knowledge of the process by a solicitor makes probate typically much quicker
• Inheritance tax – if a tax liability arises it is sensible to seek legal help as a solicitor maybe able to advise upon any inheritance tax reliefs available

If a probate solicitor is instructed, the solicitor will draft a legal document known as a Oath and the Inheritance Tax returns for the Administrator

or Executor to sign. Typically, the Grant is then issued by the Probate within 2-3 weeks and for this reason it can be quicker to use a Solicitor.

Applying in person without a Solicitor

There are essentially 4 steps if probate is applied for in person they are :-

1. Find the nearest probate registry

2. Complete the probate forms ( PA1 form and IHT 205 ( no tax ) or IHT ( 400 ) if there is tax

3. Send will, death certificate and PA1 forms and IHT forms to Probate Registry

4. Attend an interview after which probate registry will issue Grant. 

 

What forms are there?  

If applying for probate without a Solicitor you will need a PA1 - personal application form from the probate registry and the appropriate Inheritance Tax return

which is either the IHT 205 or IHT 400.

You may also download some forms from the Probate & Inland revenue's website.

Probate Forms

Inland Revenue Forms

 

What else should I send?  

1. The death certificate;

2. The original will (or any document in which the deceased expresses any wishes about the distribution of his or her estate). (You should make and keep a copy of any will you send)

 

Where do I send the forms?   

The Probate Court who is responsible for the issue of all grants of probate is known as the probate registry. Their offices are situated across the Country and are in most major cities. The Head registry is the Central probate Registry, which is situated in Central London.

• Central probate registry – 0207 947 6939
• Birmingham  -  0121 681 3400
• Bristol - 0117 366 4961
• Brighton - 01273 573510
• Cardiff- 02920 474373
• Ipswich- 01473 284260
• Manchester - 0161 240 5702
• Oxford- 01865 793 050
• Winchester 01962 897 024

 

 

Why do I have to be interviewed?   

The will gets admitted to Probate after the Interview. The purpose of the interview is that you will be asked to swear on Oath that you will administer the estate according to the terms of the will or the Intestacy Rules. The probate registry will also verify the will, and your indentity. 

 

When will I be interviewed?  

The probate registry will contact you direct with an interview date.Unfortunately, some probate Courts are extremely busy which means that your appointment take can often take over

8 weeks from the initial application - sometimes longer depending upon the work load of the probate registry.

What about duty or tax?   

( Inland Revenue's website http://www.inlandrevenue.gov.uk/cto/  )

All inheritance tax must be paid prior to the application for a grant of probate.

Tax can be paid on instalments on properties while all IHT must be in full on cash assets. The current rate of inheritance tax is 40% above £325,000

unless any reliefs can be claimed.

Interest is always charged on unpaid tax and the tax return must be completed within 6 months of the deceased's death.             

 

 

What happens after the interview?   

The probate registry will then issue the legal document - a grant of probate or grant of letters of administration - this can be then sent to the various organisations to administer the estate.

Further copies can be issued by the probate registry and the costs are minimal.

 

What are the responsibilities of the probate registries?  

The probate registries only issue probate grants and as such they do not provide legal advice or enter into correspondence on probate disputes therefore legal advice should alwways be sought

in these types of case.