Guide to Probate.

The steps of probate.

In the first instance you need to ascertain if the deceased has left a Will, the figures on this do not go in your favour as only 30% of people in the UK are said to have made one. You may be uncertain if a Will exists, first check at any property and ask family and friends, you can contact 'the registry' on 020 7947 7022,other places to check are the deceased solicitors or Bank.

If no Will has been left (intestate) then the next of kin can apply for the grant. once again seek advice on what to do through a solicitor, or the government helpline.

If a Will does exists, it should name one or more executor of the will, they will be able to apply for a grant of representation which gives them the legal right to access financial accounts amongst other things.

If you're not using a solicitor your local probate office should be informed, if no executor has been stipulated on the will, or if none of the executors wish to act for the deceased, they can advise on how the estate can be administered.

In the event that the deceased did not complete a Will, then the next of kin - children, spouse can apply for the grant of administration (aka letters of administration). In this case the law will decide how the estate is to be distributed.

Your solicitor will normally handle the formality of submitting the forms to obtain the grant of probate, but you can obtain this yourself, to do so you will need to apply to the probate office, for details of probate offices contact the probate helpline 0845 3020900 or go on line through justice.gov.uk/courts/probate/probate-registries, the forms you will need are also available on line through the gov.uk web site.

If the estate is worth less than £5000, then probate is not always required, but check at every stage with a professional or through the helplines.

So to apply for the grant you will need to-

Find out if a will exists and who the executors are.

Locate the local probate office.

Whoever is going to be the executor of the estate needs to submit the probate application form PA1, the relevant IHT form (the inheritance tax liability form has to be completed, even if you don't think any tax will be payable, for a full list of inheritance tax forms visit the hmrc web site.), the death certificate, the will and 3 copies of the will (if available).

A fee will also be payable if the estate is valued in excess of £5000.

One point that is worth remembering, is that you can request copies of the grant, these will cost £1 each, but as you may need to send one to each organisation you contact, having copies may help.

As part of the formalities the executors will need to swear an oath, which can normally be done at a solicitors office (they will charge a small fee), or if convenient you can attend the probate office. This is a promise by you that all the information you give is true to the best of your knowledge.

Once the oath been returned the grant should be issued within two weeks.

What to do once you have the Grant-

If you have not done so already, set up an executor bank account, your bank will help you with the opening process, mandates etc.

You will need to contact any relevant organisations that hold assets of the deceased; once they have this they will release the assets into the executor account.

If the deceased had a pension contact their office, as it is possible that separate arrangements exist for any future benefits from the pension.

You must also look at any liabilities outstanding, these must be paid before any assets are distributed as the executor, you have a legal obligation to do this.


Once all assets, tax and liabilities are received, or have been paid, you can distribute the estate following the deceased requests set out in their will or as decreed by Law.

When all assets have been distributed, accounts of the estate should be drawn up and signed by the main beneficiaries and the executors.

Property.

One of the biggest assets can be the deceased property, you will have choices about what to do with the property, keep it, sell it, and it may be still occupied.

You should contact the Land Registry and inform them that you now own the property, also if you keep it, you will need to contact the tax office, as you can only have one main residence and any other property could be liable to capital gains tax and income tax if rented out.

Other points to be aware of

Bank accounts.

When you are looking at the distribution of assets, in the event that joint bank accounts exist, the account will pass to the surviving account holder.

Property.

In the case of property, the will, or law in the case that no will exists, will decide what happens to the property, except where a property is joint tenancy, where the surviving party will inherit the property and no IHT will be payable on it.

The HMRC tax office realise that it may be difficult to pay the inheritance tax from a property and you may wish to try to keep it, quite often they will spread the tax out over a number of years.