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How To Obtain Probate In The U.K.

 


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



This website is intended to be a basic guide to probate. - It is not a substitute for professional legal advice.

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PROBATE FORM - INHERITANCE TAX FORMS

The probate form and IHT forms to be completed depend on where the deceased lived and whether or not the executor/administrator expects Inheritance Tax to be due which is only paid when the taxable value of the deceased person's estate (after exemptions) is over the current allowance – see the links below.

Country in which the deceased person livedRequired forms if Inheritance Tax is unlikely to be due ('excepted estates')Required forms if you expect Inheritance Tax to be due
England or WalesProbate application form PA1

Inheritance Tax form IHT205

Probate application form PA1
Inheritance Tax form IHT200
Supplementary form D18 'Probate summary'
ScotlandForm C1 ('Inventory') and form C5 if they died on or after 6 April 2004; otherwise form C1 onlyForm C1 ('Inventory')
Inheritance Tax form IHT200
Northern IrelandInheritance Tax Form IHT205 onlyInheritance Tax form IHT200
Supplementary form D18 'Probate summary'

There are additional supplementary forms that accompany the IHT200. Use the IHT200 helpnotes to help you decide which you need to complete.


solicitors helpline - 0870 174 2454 - legal advice



INHERITANCE TAX FORMS

Inheritance tax forms can be downloaded in Portable Document Format (PDF) using Adobe Reader 7 available from the HM Revenue & Customs website. These forms are also available in print, large print and Braille by contacting the HM Revenue & Customs Inheritance Tax Helpline.


solicitors helpline - 0870 174 2454 - legal advice



APPLYING FOR A GRANT - PROBATE FORM PA1 & IHT FORMS

Applying for a Grant of Probate or Letters of Administration as a layman without a solicitor need not be a complicated business however the probate forms and inheritance tax forms do sometimes appear to be daunting. Application is made for a Grant of Probate using probate form PAI where there is a will with named executors. Application is made for a grant of Letters of Administration also using probate form PAI where there is no will or where there is a will with no executor being named. The basic procedure is to complete the application for the grant (probate form PA1) and complete the forms necessary to satisfy the tax authorities. The inheritance tax forms will require a valuation to be carried out on all of the assets of the deceased and an assessment of all of the liabilities of the deceased to reach a net figure for the taxable value of the estate. If it becomes apparent that there is no tax to pay because the value of the estate is below current taxable limits then HM Customs & Revenue has no further interest and the matter proceeds without their further involvement. If there is tax to be paid then the probate information contained in the notes and guidance available from HM Customs & Revenue will explain how and when the tax is to be paid. The application which is lodged at a Probate Registry together with the relevant fee will usually result in a Grant of Probate or Letters of Administration being issued however in both cases where there is no solicitor involved it will be necessary for the proposed executor/administrator to attend for interview with one of the court officers. The purpose of this interview is to confirm the details and to deal with any queries. The interview is informal and can be held at either a Probate Registry or at one of the smaller local offices. Thereafter the grant is issued giving full authority to the applicant to deal with the estate either in accordance with the terms of the will or where there is no will by following the intestacy rules.


solicitors helpline - 0870 174 2454 - legal advice