A grant of probate allows you to manage a deceased person’s estate. A frequently asked question is, "What is the probate process in the UK?" We explain how probate works, along with a step-by-step process.
When a person dies, the executors named in the deceased’s Will might need to apply for a Grant of Probate. If there isn’t a Will, then the closest living relative would normally apply. A Grant of Probate allows you to manage the estate assets, pay bills and debts, and distribute what’s left according to the Will. Where there’s no Will, the rules of intestacy will apply.
It’s worth noting that the probate process is different in Scotland and Northern Ireland compared to England and Wales. In Scotland, for example, the estate assets are transferred to the executors through a process known as ‘confirmation’. For the purpose of this article, we will look at the probate process in England and Wales.
Do you always need to apply for probate?
There are some instances when probate isn’t needed. If the deceased’s money, property and shares were jointly held with a surviving spouse or partner, then you wouldn’t need to apply. This also applies to property which is owned as a ‘joint tenant’ or if the deceased only had savings. However, banks and building societies sometimes have their own rules relating to probate, so it’s useful to check. If you are unsure about property deeds, ask our solicitors.
The probate process – step by step
Below are the steps you would usually take when applying for a grant of probate:
Get an estate valuationBefore you can apply for probate, you will need to understand the value of the estate and if anything is owed. Contact any relevant financial organisation connected to the deceased, such as banks, investment firms, mortgage and insurance providers. You will also need to make a detailed list of any debts, property and possessions.
Report the estate valueYou may need to report the estate value using form IHT400 to HMRC. This will determine whether there’s any Inheritance Tax (IHT) to pay. If there is tax to pay this needs to be paid before applying for a Grant of Probate. It’s common to have to wait around 20 days for the Inland Revenue to supply you with a code before you can apply for probate.
Apply for probateThere are three ways to apply for probate – online, by post or a probate solicitor can apply on your behalf. At the time of writing, the fee is £300. Apply for probate here…
Send the original WillYou must send the original Will and any supporting documents through the post to: HMCTS Probate, PO Box 12625, Harlow, CM20 9QE. Copies will not be accepted.
If your loved one has died and they don’t have a Will, then this is known as being intestate. For more information, please read our blog What happens if you don’t make a Will?
How long does the probate process take?
The Probate Service will review your application, the Will and any supporting documents. Where there’s a Will, a Grant of Probate will be issued. If there isn’t a Will, then Letters of Administration will be issued. Following the submission of an online application, it should take within 16 weeks to receive a Grant of Probate or Letters of Administration.
Once probate has been granted, the executors (or closest living relatives) would be responsible for paying off any debts connected to the estate. They would then distribute what’s left to any beneficiaries named in the Will. When there’s no Will, then the rules of intestacy would dictate who inherits the remaining estate assets. It can often take several months after you receive a Grant of Probate to distribute an estate.
Need help with probate?
When you lose a loved one, it can be difficult to manage the probate process while you are grieving. Depending on the deceased’s personal circumstances, probate administration can be a complex process. Instead of trying to navigate the complexities of probate, why not allow one of our experienced probate solicitors to assist? This will enable you to focus on healing from the loss of a loved one.
Salusbury, Harding & Barlow has a specialist Wills, Trusts and Probate team, who can help you apply for probate. Our caring and sympathetic solicitors will explain how it works, and for your peace of mind, we can manage the entire probate process on your behalf.
If you need any support with probate, please get in touch or email: lbacon@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.
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