Applying For Probate

It’s a common misnomer to think that preparing a Will removes the need for Probate when you die.

When Probate Is Needed

By law, in England and Wales, you only need to apply for Probate if something requires it.

However, to protect yourself and avoid issues or challenges from beneficiaries when dealing with the Estate, it’s advisable to obtain Probate, proving the Will at the Probate Registry.

Applying for Probate – The Process

1. Locate The Will

There is no legal obligation to register a Will, so it’s best to make sure you’ve found the most recent copy. Start by looking through paperwork at home or ask the bank or solicitor. If the Will has been registered, you can check with the National Wills Register for a small fee of £33 +VAT.

2. Register the Death

In England, Wales and Northern Ireland, a person’s death should be registered within five days (eight in Scotland). Think about buying extra copies as most organisations (banks and building societies) will ask for one before releasing or giving access to funds.

3. Executors Role & Grant of Representation

The Will should name the Executors who collect any money owed, pay outstanding bills and distribute what’s left. To do this, the Executors usually need to apply for a Grant of Representation.

4. Value the Estate

Valuing the Estate usually falls to the Executors. A detailed list of assets is made, along with their value. Quite straightforward for some estates but can become complicated when properties, investments and personal belongings are involved. Once the assets are listed, the Executor applies for a Grant of Representation.

5. Pay Inheritance Tax

In England & Wales Inheritance Tax must be paid by the end of the sixth month after the person dies. Normally this must be paid before Probate can be issued.

6. Collect Estate’s Assets

Once the Grant of Representation is obtained, the assets of the Estate are collected. This usually involves gathering money from the sale of a house, land or other assets. Closing bank accounts and collecting pension(s) monies are also usual.

7. Pay Debts

Once the assets are collected, any outstanding bills from the Estate are then settled.

8. Prepare Estate Accounts

After assets have been collected, all outstanding bills, debts and Inheritance Tax are paid, the next step is preparing the final Estate Accounts

9. Distribute the Estate

Assuming the beneficiaries are happy with the Estate accounts, the Estate is then distributed according to the terms of the Will.

Using a Solicitor to Apply for Probate

You’re under no obligation to use one, even if the Will is stored by one. You can apply yourself or use a person licensed to provide probate services. However, the process is often complicated and lengthy, typically taking between 6-9 months. Using a specialist lawyer will save a huge amount of time, helping you and your family when you need it most.

Our Advice

Seek professional help. We’ll always provide you with a fixed price quotation free of charge. This will include all administrative, legal and Inheritance Tax work, so there are no surprises.

For further advice and guidance, or to book a video appointment, please contact us. We’re here to help.

 

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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