Grant of Probate Guide UKSmartWill
To find out more about your obligations as an executor , read our guide on DIY probate. There are several ways which probate could be contested, which could prevent you from being given a grant of probate. In some cases, a beneficiary or relative of the deceased may enter a caveat, which can prevent or delay probate being granted.
- Only the executor(s ) of a will can apply for a Grant of Probate.
- It is the duty of the executor(s ) of the will to obtain probate in a timely manner.
- The executor(s ) can apply for probate themselves ( which is often done to reduce legal fees ) or be represented by a lawyer.
- To obtain a grant of probate , there must have been a valid will and assets left by the deceased person.
- Probate is a term used for the legal document you require in order to deal with the estate.
- The legal document will be referred to as a grant of probate if there is a Will or grant of letters of administration if there is no Will.
- It gives those who are responsible permission to deal with the estate when the value of the estate is over £5,000 after the funeral costs have been deducted.
- Local laws governing the probate process often depend on the value and complexity of the estate.
- If the value of the estate is relatively small , the probate process may be avoided.
Probate Lawyer Services
A probate lawyer offers services in probate court, and may be retained to open an estate or offer service during the course of probate proceedings on behalf of the administrator or executor of the estate. Probate lawyers may also represent heirs, creditors and other parties who have a legal interest in the outcome of the estate. Solicitors fees will vary from estate to estate and firm to firm though. So what someone else pays may be completely different to what probate will cost you. In addition to any solicitors fees, the estate will need to pay the probate application fee and 50p per extra copy of the grant. There may be further fees which need to be paid as part of the administration of the estate. There are separate rules if someone dies without a will, otherwise known as dying intestate. Appointing a professional can be a good idea and, if you are dealing with a complex estate, could be essential. See the guide to probate solicitors for more information on how to decide.
We explain how to do this in our grant of probate guide.
- Fill in the probate application form PA1P yourself , or call the helpline for assistance in filling in the form.
Provided there are no complications, it usually takes between four and eight weeks to get a grant of probate after you have submitted the application.
- Once you totted up the assets, you will need to complete an inheritance tax form to HMRC to see if the estate is liable.
- Inheritance tax returns must be filed within 12 months from the end of the month in which the death took place.
For example , if the deceased died on June 3rd 2019 , the inheritance tax return would be need to be filed by the end of June 2020.
- In any case , the inheritance tax forms must be completed before applying for probate.
Costs of the administration including ordinary taxation such as income tax on interest and property taxation is deducted from assets in the estate before distribution by the executors of the will.
- Other assets may simply need to be transferred from the deceased to his or her beneficiaries, such as life insurance.
- Other assets may have pay on death or transfer on death designations, which avoids probate.
- Once probate is granted the executors can get on with administering the estate by paying any debts and distributing the assets the beneficiaries.
- The executors, or their solicitors, will need to draw up estate accounts for each beneficiary detailing all the assets , debts and income.
- Once all the assets are distributed and debts paid , the estate can be wound up.
- If the Will created any trusts, the executors will often also be the trustees and so will have an ongoing duty to manage those trusts.
A grant of representation
Their authority to receive the assets in the estate is proved by a grant of representation. It is not always necessary to apply for a grant of representation. Much depends on the size of the estate and the type of assets it comprises. A large majority of the respondents to the consultation disagreed with the proposal to charge a fee based on the size of the estate , and with the proposed new fee structure . In response, the Government confirmed that it would proceed with the proposals , subject to approval from Parliament.
It said that the increased fees were necessary to ensure adequate funding for the court service , in order to provide access to justice in the long term.
PA1P if there is a will , or a PA1A if there is no will.
The probate office will send you an oath and details on how to arrange your appointment.
Find more details on the process and types of forms to fill out here.