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Apply for Probate

apply for probate

How it works

1

Book a telephone or video conference call to discuss your requirements.

2

We will give you a list of all the information you will need to gather before our meeting.

3

One of our probate experts will take the details required to apply for a grant of probate.

4

We prepare the grant application and HMRC estate return information, then send it to you for checking and signing.

5

Sign and return these documents to us, and we will submit the applications for you.

6

When the grant of probate arrives, we will forward it to you so you can collect and distribute the estate to the beneficiaries.

How it works

1

Book a telephone or video conference call to discuss your requirements.

2

We will give you a list of all the information you will need to gather before our meeting.

3

One of our probate experts will take the details required to apply for a grant of probate.

4

We prepare the grant application and HMRC estate return information, then send it to you for checking and signing.

5

Sign and return these documents to us, and we will submit the applications for you.

6

When the grant of probate arrives, we will forward it to you so you can collect and distribute the estate to the beneficiaries.

What is Probate?

Probate is the word used to describe the legal and financial processes involved in dealing with the property, money, and possessions of a person who has died. Before the next of kin or Executor named in the Will can claim, transfer, sell or distribute any of the deceased's assets they may have to apply for Probate. The responsibility for probate lies with the executors of a will who often appoint a professional to take on this responsibility.

Executors have various responsibilities including:

  • Interpreting the Will and ensuring that the wishes of the deceased are carried out
  • Identifying all the assets and liabilities of the estate
  • Obtaining valuations of the joint and sole assets at the time of death
  • Ensuring that the estate of the deceased is handled efficiently and that the funds and assets in the estate, including businesses, are properly managed
  • Preparing tax returns for the deceased
  • Settling all debts of the estate including all taxes
  • Completing and filing the relevant court forms
  • Applying for Probate
  • Preparing accounts for the beneficiaries
  • Defending any claims made against the estate
  • Distributing the estate

We can help you handle all these responsibilities and can support you with Probate regardless of who is named in the Will as an Executor, and even where there is no will.

How it works

1

Book a telephone or video conference call to discuss your requirements.

2

We will give you a list of all the information you will need to gather before our meeting.

3

One of our probate experts will take the details required to apply for a grant of probate.

4

We prepare the grant application and HMRC estate return information, then send it to you for checking and signing.

5

Sign and return these documents to us, and we will submit the applications for you.

6

When the grant of probate arrives, we will forward it to you so you can collect and distribute the estate to the beneficiaries.

The Probate Process

Initial Stages

Gather the relevant documents and paperwork, including:

  • Original Will & Codicil(s)
  • Death Certificates
  • Details of deceased’s bank/building society/national savings accounts
  • Details of any shares & investments
  • Details of the deceased’s tax affairs including pensions and annuities or other income
  • Details of any life assurance policies
  • Details of any properties held by the deceased including location of any deeds
  • Details of any debts or liabilities owned by the deceased
  • Details of any gifts made, or debts forgiven in the last 7 years

Contact all companies to ascertain value of assets and amount owing for liabilities as of date of death. Arrange for a valuation of any properties.

Apply for Probate

Once all asset and liability details have been collected and any properties valued, the following documents should be completed:

  • Form IHT205/IHT400
  • For PA1 (for personal applications only)
  • Executors Oath (This will need to be sworn by a local solicitor/commissioner for oaths along with the original Will and any codicils)

The completed documents must then either be submitted to the Probate Registry or for personal applications, an appointment booked with the local Probate Registry to submit the application.

Please bear in mind that it can take up to 5 months to receive you grant of probate.

Post-Grant Procedure

Once Probate has been granted the Personal Representatives must complete the following tasks:

  • Collect in all liquid assets
  • Arrange for the sale or transfer of any properties or shares or investments
  • Discharge all debts & liabilities
  • Place a s27 Statutory Notice to Claimants
  • Settle the deceased’s tax affairs, including inheritance, income, and capital gains tax
  • Settle any specific/pecuniary legacies in the Will
  • Draft estate accounts for the residuary beneficiaries
  • Distribute the estate to the beneficiaries

Duties of Personal Representatives

  • Preservation of estate assets
  • Insurance and maintenance of any unoccupied properties
  • Identifying beneficiaries, the scope of their legacies and advising them of their entitlement and keeping them updated on progress
  • To deliver an account to HMRC where relevant and pay any inheritance tax due, either from the estate or personally until reimbursements from the estate can be arranged
  • To calculate and pay any capital gain tax which may be due on gains made on the sale of estate assets by the Personal Representatives
  • To ensure that all debts/liabilities are discharge from estate funds and to advertise by way of a s27 Statutory Notice for any unknown creditors
  • Ensuring that any Will trusts are properly established, and the assets transferred to the control of the Trustees
  • To draft estate accounts providing a full summary or all assets, liabilities, receipts and payments in the estate from the date of death up until finalisation of the estate administration.