How Do I Obtain a Grant of Probate?
How Do I Obtain a Grant of Probate?
How Do I Obtain a Grant of Probate?
What isprobate
If you have been appointed as the executor of a Will, or a close relative has died without leaving a Will then it is very likely that you will need to obtain probate on the estate before you can access any of the deceased person's assets or deal with their financial affairs.
Probate is the formal process by which you ask the Court to recognise your right to deal with the deceased persons affairs, and to give you permission to begin distributing the estate amongst the beneficiaries of the will or the relatives of the deceased.
The court will issue legal paperwork to prove your right to deal with the estate.If you have been appointed as an Executor under a Willthen this paperwork is called a "Grant of Probate".If there is no Will and you are a close relative of the deceased then the Court will issue "Letters of Administration".
Who has jurisdiction overprobate
All matters relating to probate fall within the jurisdiction of the Family Division of the High Court of Justice, which is based in London and all Grants of Probate, Letters of Administration and other paperwork are issued in the name of the High Court.
However, only contentious' or contested' probate cases are dealt with by the High Court directly. These are cases where there is some major dispute of fact or law for example where it is argued that the Will is invalid, or where someone objects to probate being granted on the grounds that the applicant is not fit to administer the estate.
Routine cases are dealt with on a much less formal basis by the Probate Service. This is a body set up by the High Court which operates from a number of "District Probate Registries" based in court buildings across England andWales,and from a number of "Probate Offices" based in town-halls and civic centres across the country.
What is the Procedure for Obtaining a Grant ofProbate
In contentious probate cases it is recommended that you seek independent legal advice before attempting to obtain probate yourself, as this can involve extensive legal paperwork and court appearances.You will almost certainly need the services of a specialist probate solicitor, and it may be necessary to instruct a Barrister to present your case tot eh Court.
However, in non-contentious cases which are dealt with through the Probate Service the procedure is straightforwardand simple. The following documentation is necessary to start the process:
Probate ApplicationForm PA1form. This can be obtained from Her Majesty's Court Service.
The Appropriate Inheritance Tax form. If the estate is large enough to attract inheritance tax, this will be formIHT205,otherwise if no inheritance tax is payable form IHT400 should be completed. Both can be obtained from HM Revenue and Customs.
Supporting evidence, including a certified copy of the death certificate and the original Will.You should keep a copy of the Will because once probate has been granted the original becomes a public record and the Probate Service will not return it to you.
You can send the application for probate to any Probate Registry this does not have to be where the deceased person lives, and you should choose the Registry which is most convenient to you.
If the Probate Service requires any more information or clarification, then you may be asked to attend an interview. Interviews are conducted in private in an office, not in a court room and are relatively informal. Often interviews with the Probate Service will last no more than 10 to 15 minutes, and although you shouldn't be alarmed if you are asked to attend the Registry, you should remember that this is an official legal process and you will be giving information to a Court Official under oath.
Very rarely the Probate Service may have some concerns about the validity of the Will, and it may ask one or more of the witnesses named in the Will to attend for interview as well.
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