What is probate?When a person dies somebody has to deal with
their estate (the money, property and possessions left) by collecting in all
the money, paying any debts and distributing the estate to those people
entitled to it.The term probate often means the
issuing of a legal document to one or more people authorizing them to do this.The probate registry issues the document,
which is called a grant of representation.These are three types of grant of
representation:1. Probate
Issued to one or more of the executors * named in the deceased will.2. Letters of administration (with will)
Issued when there is a will, but there is no executor named, or when the
executors are unable to apply, or do not wish to be involved in dealing with
the estate3. Letters of administration
Issued when the deceased had not made a will, or any will made is not valid(* People named in the will to deal with the
estate)Throughout this website the term
grant will be used to mean whichever type
of grant of representation you may needWhy is a grant necessaryOrganizations holding money in the deceased's
name need to know to whom that money should be paid, and the grant is proof
that the person named in it may collect the money.
The estate left when a person dies passes to the people named in his or her
will. If there is no valid will it passes on to his or her next of kin.
The distribution of the estate to the correct people is the responsibility of
the person named in the grant.
The grant is proof to anyone wishing to see it that the person named in it is
entitled to collect in and distribute the estate.Is a grant always needed?Sometimes a grant is not needed and you may
wish to ask anyone holding the deceased's money whether they will release it
to you without seeing a grant. If they agree they may attach conditions. It is
for you to decide which is the cheaper or easier option.
These are organizations that may release the money to you without a grant, if
the amount held is small and there are no complications. Among these are
insurance companies and or building societies.You will not usually need a grant when a
house is held in joint names and it is clear that the house automatically
becomes the property of the surviving owner.
If you are in doubt on this point you may need to ask a solicitor whether a
grant is needed to change the ownership.
You will need a grant to
transfer or sell a property held only in the deceased's name.Do not advertise any house for sale too soon
after the owner's death, as a sale cannot be completed until you have obtained
the grant. The date of issue of the grant cannot be guaranteed to coincide
with the final stages of any sale.Am I entitled to a grant?There are rules, which govern who may be
given a grant, and whether or not one is issued may depend on the
circumstances in a case.
The following points are a brief guide for you:
If there is a will with named executors they are the first people entitled to
a grant.
If there are no executors or the executors are unable or unwilling to apply,
the next person entitled to a grant is any person named in the will to whom
the deceased gives all his estate, or the remainder after the gifts have been
paid.If the deceased has not made a valid will,
his or her next of kin should normally make application for a grant in the
following order of priority:
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. Illegitimate
relatives other than sons and daughters may not be entitled to a grant.
When more than one person is entitled to a grant you may all obtain a grant
together, however there is a maximum of four
applicants allowed. In most cases only one person needs to obtain a grant, but
there are circumstances when you and another person may need to obtain a grant
together. If this is the case they will let you know as soon as possible after
they have received your application.If you are asked by someone else to apply on
their behalf please send a note with your application giving the details of
that person, and the reason why they are not applying.
If it is not possible to issue the grant to you they will explain the reasons.How do I apply for a grant?The five stages for applying for a grant are
set out below and explained later in greater detail:1. Obtain the application forms; (choose an
Office nearest you they will send you the forms you need)2. Choose where you wish to be interviewed;
(Office)
3. Complete the application forms;
4. Return them, with the death certificate and the original will (use
registered post or special delivery) to the appropriate probate registry
5 Attend the interviewWhat forms are there?The following forms may be obtained from your
nearest probate registry Office. The probate application form
This form asks for details of the deceased and yourself as applicant.Account of the estate
This form asks you to give a full account of the deceased's estate. You should
try to obtain the full value of all items shown, including any interest or
bonus, which will be paid. Any money due from the deceased's employer should
be included. The full market value of any house should be shown, although a
professional valuation is not normally required. The value of household goods,
jewellery and belongings should be shown as the amount for which they could be
sold.What 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?You must send your forms and any other post
either to the probate registry where you wish to be interviewed or to the
probate registry, which controls the local office where you wish to be
interviewed.
Please do not send any post to local offices.You must attend at least one informal
interview to enable a grant to be issued.
You must state on the probate application form at section 1 which is
the most convenient place for you to attend.
After they have received your application they will send you an appointment for
interview.
The interview can take place either at probate registry or at one of its local
offices.
It is important that you do not address any post to local offices, as this
will delay your application. You may hand your forms in at the probate
registry or local office when it is open. If you are applying for a grant with
someone else who is unable to attend for interview at the place you have
chosen, arrangements may be made for their attendance at a different place.
However, this will mean that the issue of your grant will take longer.Why do I have to be interviewed?The purpose of the interview is to confirm
the details you have given and to answer any queries you may have.To complete your application you will be
asked to sign a form of oath and swear or affirm before the interviewing
officer that the information you have given is true to the best of your
knowledge.
In most cases only one interview is required.If you application is complicated there may
be additional documents to be signed, or you may be asked to contact other
people (for example a witness to the will) so that they can interview them or
obtain their signatures to documents.When will I be interviewed?You will be given the earliest available date
for interview at the probate registry or local office of your choice.
However the number of applications waiting to be dealt with varies and it is
difficult to say how soon you will be interviewed. No appointment can be given
until the probate registry has examined your application.
If they are unable to send you a notice of appointment within two weeks of
receiving your application you will normally be sent an acknowledgement of
your application.What about duty or tax?( Inland Revenue's website
http://www.inlandrevenue.gov.uk/cto/ )
In most cases no inheritance tax is payable.In cases where inheritance tax is payable a
grant cannot be issued until tax has been paid.
If the deceased's estate is very close to or exceeds the limit at which tax
becomes payable the account of the estate will be sent to the capital taxes
office after your interview.
After the capital taxes office has returned the account to the probate
registry they will notify you in writing of the amount payable.
Arrangements for payment will be explained to you at your interview.
The issue of the grant does not imply that the Inland Revenue agrees all
values submitted and correspondence may take place when the account is
returned to the capital taxes office.
Please note that tax becomes due 6 months after the end of the month in which
the deceased diedInterest is charged on unpaid tax from and
including the due date whatever the reason for late payment.
If you have any queries about tax and interest, which you want to deal with
before you apply for a grant, you should contact:
The Capital Taxes Office, Minford House, Rockley Road, London. W14 ODF Tel.
0171 6034622 Ext. 204What happens after the
interview?After your interview the grant will be
prepared by the probate registry and sent to you by post.
The interviewing officer should be able to give you an estimate of how long it
will be before the grant is issued. When you receive the grant you should show
it to any person or organization holding the deceased's money or property that
has asked to see it. The money and property will then be released to you.
Copies of the grant may be obtained from probate registry and are only valid
if they bear the impressed seal of Court.What are
the responsibilities of the probate registries?They are responsible for making sure that an
applicant is entitled to be given a grant, and that any will produced appears
to be properly made.
If there is any doubt as to whether the will left by the deceased is valid, or
where it appears a will had been altered or amended they may wish to interview
one of the witnesses.Please note that the responsibility of the probate registry ends
when the grant is issued. they are unable to assist you in dealing with the
estate after that.
Legal Information Is Not Legal Advice
The information provided on this probate service website is for educational purposes only and is not legal advice. Whilst reasonable effort is made to ensure that the content is up to date it cannot be guaranteed that it is always accurate. You should not rely on the text contained here without taking professional advice from a probate lawyer which includes a suitably qualified solicitor or barrister. There are time limits and you should not use anything that you have seen or read here as a reason to delay taking professional legal advice. The proprietors and operators of this website formally disclaim all liability for loss howsoever incurred as a result of reading the content of this website. Mere consideration of this website does not form any contractual relationship and no such relationship will be formed as a result of entering into email correspondence nor by taking free telephone advice. A formal solicitor/client relationship will only exist when you personally enter into a written contract with TM Solicitors at which point the relationship will be detailed and specified. A solicitor/client relationship is not formed as a result of mere consideration of this website.
