How Can I Apply for Probate?

INTRODUCTION

If you haven't consulted our other articles on this subject, "probate" is the term used to describe the legal and financial processes involved in dealing with a deceased person's assets (money, property, and other possessions).

A grant of probate is a legal document granting the Executor of a Will permission to manage and distribute the assets left by the deceased. Probate involves applying to the probate registry for a Letter of Registration.

Before applying for probate, you may refer to our article, "When is Probate Required?" which covers the various scenarios requiring a probate application.

In this article, we focus on ensuring that the Estate is appropriately managed and distributed and that the deceased individual's wishes are respected. We'll highlight the crucial steps involved and provide a comprehensive walkthrough of the probate application process. 

APPLYING FOR PROBATE: OVERVIEW

In England and Wales, the probate procedure is often required after somebody passes away.

What is Probate?

If a Will is in place, probate involves confirming its validity and formally authorising designated individuals to manage the Estate of the deceased. This procedure entails locating the deceased's possessions, paying off any taxes or unpaid bills, and distributing what's left over to the beneficiaries specified in the Will.

The individual in charge of overseeing the Estate is referred to as the "Administrator" in the absence of a Will or the "Executor" if one is named in the document. Managing the Estate, requesting probate, and allocating the assets are among their responsibilities. However, in order to handle and distribute the Estate's assets, the Executor must first obtain special authority.

What is a Grant of Probate?

An official document known as a grant of probate bestows upon the executor the authority to administer and divide the Estate's holdings. Only after any outstanding inheritance tax (IHT) has been paid will this grant be given out.

How Do I Apply to the Probate Registry?

Applying for probate involves submitting a request to the probate registry. This is known as a "grant of representation" or "grant of probate" when a Will exists. In cases where there is no Will, the document is called a "Letter of Registration."

The rest of this article outlines the specific steps entailed in applying for probate.

APPLYING FOR PROBATE: THE KEY STEPS

Before we go through each step, here's a quick checklist of the critical steps:

1. Register the death

2. Locate the Will

3. Determine your eligibility to apply for probate

4. Check if probate is required

5. Value the Estate

6. Fill out the probate forms

7. Deal with inheritance tax

8. Submit the probate application

9. Swear an oath

10. Receive the grant of probate

11. Administer the Estate

12. Settle any outstanding debts

13. Distribute the remaining assets

14. Close the Estate

STEP 1: REGISTER THE DEATH

Before proceeding to apply for probate, you need to register the death within five days at a local registry office, preferably in the area where the deceased individual lived, to speed up the process.

It may also be worthwhile checking whether the local hospital has its own in-house registry office, which will further streamline the process.

After registering the death, you'll receive a Certificate of Registration of Death (or "death certificate"). This official document is required to formally notify all relevant authorities about the death. 

STEP 2: LOCATE THE WILL

Locating the Will is an essential step during the probate process. Remember that if the deceased did not leave a Will or you cannot find the document, then the Estate will be distributed per the rules of intestacy. These rules are strict, and the Estate may not be distributed in accordance with the deceased individual's wishes. This underscores the critical aspect of locating the Will.

Here are some suggested steps for finding the Will:

• Carry out a thorough search through the deceased person's papers and property.

• Ask their bank. Often, Wills are kept in safe deposit boxes.

• Contact the deceased individual's solicitor or legal counsel. They may hold either the original Will or a signed copy of it.

•  Use a professional Will search service specialising in finding registered Wills.

If you cannot track down the Will, it may still be possible to administer the Estate if there's a copy, but you'll need to seek advice on this. Contact us if you find yourself in this situation, and we'll gladly guide you in the right direction.

STEP 3: DETERMINE YOUR ELIGIBILITY FOR PROBATE

If the deceased person left a Will, the named Executors will be eligible to apply for probate and carry out the wishes and instructions of the Testator.

Any absence of a Will triggers the rules of intestacy, which allows the deceased individual's closest living relative to apply for the right to administer the Estate. This happens typically in accordance with a statutory hierarchy, with the spouse or civil partner coming first, then the children, parents, siblings, and so on.

STEP 4: DETERMINE THE NEED FOR PROBATE

At some point, you'll need to contact financial institutions where the deceased person held assets, but each organisation has its own rules regarding probate. So, to find out whether you'll need probate to access a deceased person's assets, you should first contact the bank, mortgage provider, or other financial organisation used by that person.

In general, probate is required in the following circumstances:

• When the deceased person owned assets solely in their name.

• They had substantial funds in their accounts, or the bank has requested a Grant of Probate or a Grant of Letters of Administration.

• When selling a property or transferring investment bonds solely owned by the deceased.

Take note that probate may not be required in the following circumstances:

• The deceased individual's bank accounts hold only small amounts of money.

• The deceased person held a bank account jointly with another individual. Usually, these accounts automatically transfer to the surviving owner without going through the probate process.

Joint accounts can sometimes complicate things:

• If the joint owners were "beneficial joint tenants" at the time of death, the assets pass directly to the surviving owner, often without a requirement for probate.

• On the other hand, if the joint account holders were "tenants in common," the survivor doesn't automatically inherit the deceased person's share. In this case, probate or letters of administration will most likely be required.

We invite you to consult our other related articles in our resource library for more specific information regarding specific circumstances.

STEP 5: VALUE THE ESTATE

A central pillar of the probate application is determining the Estate's total value and assessing any inheritance tax liabilities. This involves a number of essential actions:

• Compile a detailed list of the deceased person's assets and liabilities. This should take into account financial assets, stocks and shares, personal belongings, life insurance payouts, property, and any debts. You may need to contact financial institutions to gain accurate values. Ensure the list includes possessions, stocks and shares, life insurance payouts, and any debts.

• If the deceased individual held any assets jointly with somebody else, these need to be included on your list. In these cases, calculate their market sale value and divide them by two to determine the deceased individual's share.

• Don't forget to consider any gifts made by the deceased individual. You can go back seven years before death. Some items are more challenging to value than others. For instance, while monetary gifts are pretty straightforward, gifted possessions need an estimate of their market value.

To ensure accuracy, obtaining professional evaluations for items that may be more difficult to calculate might be wise.

STEP 6: FILL OUT THE FORMS

Filling out the forms is a vital part of the probate application process. Although you may regard them as tedious, they provide the groundwork for the entire probate procedure, ensuring that the deceased person's assets and liabilities are officially and correctly recorded.

The complexity of this stage depends mainly on the complexity of the Estate itself.

When you get to fill out the form, ensure you fill it out correctly to avoid slowing down the probate process with potential issues. You'll need to fill out different forms depending on the following circumstances:

• If there's a Will in place: use Form PA1P; or
• If there's no Will in place: use Form PA1A.

STEP 7: ARRANGE INHERITANCE TAX

The form you will use to arrange inheritance tax will depend on the value of the Estate.

• For Larger Estates: If the Estate's total value exceeds the £325,000 threshold (including gifts given during the last seven years before death), you must complete and submit Form 1HT400 to pay the inheritance tax.

• For Smaller Estates: For Estates below the £325,000 threshold, inheritance tax does not typically need to be paid. However, you must still complete Form IHT205 to formally declare that no inheritance tax is payable.

Once you've submitted the relevant inheritance tax form, you should allow at least 20 business days before proceeding to apply for probate. This gives HMRC enough time to process the documents and issue any necessary acknowledgement or clearance.

STEP 8: SUBMIT A DIGITAL STATEMENT OF TRUTH/SWEAR AN OATH

We're now getting closer to submitting the application. However, when applying for probate, you should remember that knowingly providing false information is a criminal offence. You must, therefore, affirm that the information you provide is correct and accurate to the best of your knowledge.

The probate application process is slightly different, depending on whether you make an online or paper application.

For Online Applications:

The more efficient online application process is designed to make the whole process simpler and more convenient, as you are no longer required to attend a probate registry and swear an oath in person. Instead, you can complete this process with a digital "Statement of Truth."

For Paper Applications:

For those preferring to submit a paper probate application, you must first make an appointment with a Probate Registry Office to swear an oath. During this appointment, you'll need to confirm the accuracy of your applicant's information. You should also be prepared to bring along the following documents to your appointment:

• The completed paper application form (see below).
• The original Will and any codicils, together with three copies of each.
• The death certificate of the deceased.
• A valid form of identification, such as a passport or driving license.
• Any other relevant documents, such as the Inheritance Tax summary or other forms, may be required depending on the circumstances.

STEP 9: SUBMIT THE APPLICATION AND PAY THE FEE

Once you've completed the appropriate probate forms and arranged the necessary inheritance tax, you can then submit your probate application to the Probate Registry.

Whether submitting online or via post, this phase triggers the formal initiation of the probate process.

Before submitting, ensure you have all the necessary documents to avoid potential delays.

The submission process includes the following steps:

• Review the Forms: Check that you've filled out the forms accurately.

• Sign the Forms: Enter your signature on the forms where appropriate, ensuring there's a witness (if required).

• Pay the Probate Fee: If the Estate is worth more than £5,000, the probate fee is £215. If the Estate is below £5,000, there's no fee. Remember that fees change often, so we encourage you to consult the latest fees.

• Make Copies: Copies of the probate document speed up the probate process by allowing you to send them to different organisations simultaneously. Copies cost a nominal fee.

• Submit an Online Application: If you're submitting an online application, ensure you have to hand the original Will, the death certificate, and the completed inheritance tax form for submission.

• Submit a Paper Application: As previously noted, if you prefer to submit a paper application, you'll need to download Form PA4P from the Gov.UK website and then submit the completed version, along with the original Will, the death certificate, the inheritance tax form, and three copies of the Will to the local probate office.

STEP 10: AWAITING GRANT OF PROBATE

Once you've submitted the probate application, you'll need to wait for the Grant of Probate to be issued by the Probate Registry. This official document confirms your legal authority to administer the Estate and distribute the Estate's assets.

The processing time for receiving the grant of probate can vary, depending on the complexity of the Estate, the volume of cases being processed by the Probate Registry, and any additional investigation the application might require.

Typically, you should receive the Grant of Probate within 16 weeks of submitting your application. However, if you're required to submit further information or the information needs to be corrected, you should expect further delays.

The probate process could take considerably longer if the Estate is more complex. To manage your expectations, it's not uncommon for the entire process to take up to 12 months to complete.

During this time, it's essential to exercise patience and avoid making any premature decisions concerning the Estate until you have the official Grant of Probate in your possession.

STEP 11: ADMINISTERING THE ESTATE POST GRANT OF PROBATE

Once you receive the grant of probate, you're officially authorised to commence the Estate administration phase.

Remember that Estate administration requires good planning and compliance with legal, financial, and tax obligations to ensure you're acting in the Estate's and its Beneficiaries' best interests.

It's also vital to note that Estate administration carries certain fiduciary obligations, and it's therefore essential to always act with diligence and professionalism.

Overview of Your Responsibilities During This Phase:

• Asset Management: Protect and manage the estate's assets throughout the Estate administration process.

• Accounting and Record Keeping: Maintain accurate records of all financial transactions, including income and expenses, distributions made from the Estate, and all assets sold or acquired.

• Tax Obligations: Even though Inheritance Tax may have been settled, other potential tax obligations could arise after a grant of probate has been received. This could include income tax on rental income from any properties in the Estate or Capital Gains Tax (CGT) on any appreciation in asset values. There may also be Stamp Duty Land Tax obligations on any property transactions. It's therefore vital to ensure you communicate with a tax professional to advise you in these matters and fully understand any potential tax obligations beyond Inheritance Tax.

• Communication with Beneficiaries: You'll also need to ensure you provide regular updates on the progress of the estate administration to beneficiaries as well as address any questions, concerns, or challenges they may have.

STEP 12: SETTLE ANY OUTSTANDING DEBTS

Once you've made yourself aware of your obligations as outlined in Step 11 above, it's then your responsibility as the Administrator or Executor to settle any outstanding liabilities of the deceased before distributing the remainder of the Estate.

a. Prepare the List of Debts

Start by compiling any and all of the deceased person's debts. Debts include:

• Credit card balances
• Outstanding mortgage amounts
• Personal loan debts
• Unpaid bills
• Unpaid taxes
• Any other debts

b. Protecting the Estate

Remember also that you are responsible for protecting the Estate against any other unforeseen claims. It's always advisable to place a Deceased Estates Notice in The Gazette as well as in the local newspaper. 

This notice demonstrates that you've made enough effort to locate any unknown creditors before distributing the Estate to its Beneficiaries. It also protects the executor from being held personally liable for any outstanding liabilities to hitherto unidentified creditors.

c. Creditor Claim Window

Once you've placed the Deceased Estates Notice, creditors have two months and one day to come forward and make a claim against the Estate.

Once the claim window has expired and all known debts have been settled, you can then proceed to prepare a final account of the Estate's assets, which will trigger the Estate distribution phase.

STEP 13: DISTRIBUTE THE REMAINING ASSETS

Once you've settled all outstanding debts, you can proceed to distribute the remaining assets. Here are some helpful guidelines:

• Review the Will: If there's a Will in place, then familiarise yourself with its contents, their Beneficiaries and what they are entitled to in accordance with the Will.

• Distribute the Assets: Go back to the list of assets you compiled earlier. With all debts settled, you can now begin to transfer ownership of these assets to the designated Beneficiaries.

• Keep a Detailed Record: As the Executor or Administrator, you must maintain accurate records of the asset distribution process, ensuring transparency throughout. You'll therefore need to document what was distributed to whom, how, and the date they were distributed.

STEP 14: CLOSE THE ESTATE

This marks the closing stage of the estate administration process, marking the completion of all tasks and responsibilities of your role as Administrator or Executor.

To effectively close the Estate, here's a helpful set of guidelines:

• Final Accounting: Go back to the detailed record of actions and distributions you prepared and maintained in Step 13. This document is vital for demonstrating transparency and accountability to the named Beneficiaries and shows your actions and decisions during the estate administration process.

• Inform Relevant Parties: Notify all Beneficiaries that the estate administration phase has now closed. You should also inform any financial institutions of closure; you no longer want further correspondence or bills arriving at the deceased person's address.

• Declaration of Closure: Once you've completed these steps, you can now formally declare the Estate closed. This markets the official end of your fiduciary duties as Administrator or Executor.

• Whether or not there's a Will in place.
• The size and complexity of the Estate.
• Any disputes that may have arisen during the process.

Also, bear in mind the eventuality of any potential outstanding debts that may be uncovered once the Estate has been settled or the possible discovery of new assets. In such cases, you may need to reopen the Estate to address such issues.

Need to know more?

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