How to Apply for Probate in the UK
What is Probate?
When a person passes away, their estate (property, money and possessions) must be managed and distributed according to their wishes or the law.
This process often (but not always) requires an application to be made to the Probate Registry for a Grant of Representation (often referred to as a Grant of Probate).
A Grant of Representation gives the person named on the Grant the legal right to deal with the deceased’s estate.
Who can apply?
Who can apply for the Grant depends on whether the deceased made a Will or not.
Where there is a Will, the person named as Executor in the Will makes the application.
If there is no Will, the Rules of Intestacy dictate who is entitled to apply. Who makes the application will depend on which family members have survived the deceased.
How do you apply?
Before applying for a Grant, you will need to find out the value of the deceased’s estate and ascertain whether inheritance tax (IHT) is payable. This will involve looking through the deceased’s paperwork, liaising with third parties such as banks and investment companies and possibly placing asset and debt searches.
If there is no IHT to pay, you will still need to report the value of the deceased’s estate as part of the Grant application.
If there is IHT to pay, you will need to send full details of the estate’s assets and liabilities to HMRC within 12 months of the deceased’s date of death. You will also need to pay any IHT due. Any IHT which is not paid within 6 months from the end of the month that the deceased died will incur interest.
Upon receipt of the IHT forms and payment, HMRC will issue a unique code which you will need to supply to the Probate Registry in order to obtain the Grant.
For the most straightforward cases you can submit the application for the Grant online but there are instances where a paper application will be required.
The application process involves sending the deceased’s Will (if there is one) and other supporting documents (together with details of the value of the deceased’s estate) to the Probate Registry. You will also need to arrange payment of the relevant Court application fee.
A Grant is normally issued within 12 weeks of receipt of the application by the Probate Registry, but the timeframe can be longer if you are asked by the Probate Registry to provide additional information or if you had to submit a paper application.
Once issued, the person named on the Grant will have the legal right to claim, transfer, sell and distribute the deceased’s assets in accordance with the terms of the Will or the Rules of Intestacy.
How can we help?
If you require assistance with applying for a Grant of Representation, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.
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