How To Apply For Probate In The Uk

You can apply for probate in the UK, with or without the help of a professional

. Around 70% of Britons use a probate service, but since the recession, this figure is dwindling. If you've decided to go it alone, here's how to apply for a grant of probate.

Find out if you need to apply

Not everyone needs to apply for probate, if assets were held jointly or the estate is valued at less than 5000, it may not be required. If you're unsure, contact the financial institutions where the assets are held.

Decide who should apply

The executors of the will or the deceased personal representative must make the application for probate. Up to 4 named executors can apply. For those under the age of 18 an adult must apply on their behalf. You may be in a situation where an executor is unwilling or unable to act, if so the must renounce their executorship through the appropriate channels.

Value the estate

The estate must be valued so you complete the application forms and determine whether inheritance will be owed. This involves making a list of the deceased's assets including money, property, investments, personal chattels, insurance policies, pensions and any assets gifted 7 years before death. Then the executor must determine the open market value for items listed.

Prepare the application

Once you've valued the estate, you can complete the forms to apply for the grant of probate. Form PA1 must be completed and sent, along with the requested documents and relevant fees to the probate registry. Form IHT205 must be completed to inform HMRC that the estate is excepted (not liable for inheritance tax). If the estate exceeds the IHT threshold, form IHT400 must be submitted to HMRC. This is a full inheritance account.

Attend the interview at the probate registry

Once you've submitted the application, you'll then receive an appointment through to attend an interview at the probate registry. You'll have already specified which office you wish to attend, this is normally the nearest venue to where the deceased resided at the time of death. At the appointment, you'll confirm the information that you've presented is correct and swear an oath.

Once you've obtained the grant

After the interview, provided there are no issues, you'll receive copies of the grant of representation. This will enable you to carry out your executors duties. You need to wind up the estate and ultimately distribute the funds to the beneficiaries.

While applying for probate may seem straightforward, it is at this point where the work begins. Administering an estate can be complex and time consuming, you must keep a record of everything and a set of accounts. By law, you are actually personally liable for any mistakes made. At this point, you still have the option to use a professional probate service. They will handle the entire estate administration process on your behalf including liaising with all executors and beneficiaries, paying creditors, and claiming monies owed.

by: Tony Crocker

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