What is Probate?
When a person dies someone, usually the executors of the Will, deal with their estate. This involves gathering all of the money, paying any debts and then distributing the money to the beneficiaries, or those who are entitled to it.
Probate is the term commonly used for the court’s authority given to a person, or persons, giving them the right to administer the deceased’s affairs and estate. In order to prove this authority, a document called a Grant of Representation is required (either a Grant of Probate or a Grant of Letters of Administration). These are issued by the Probate Service.
The Probate Service is part of the Family Division of the High Court, dealing with probate business, where there is no disagreement regarding the validity of a Will, or entitlement to take a grant.
Examples of this are:
When the deceased person left a valid Will and a named executor is acting
- One or more executors may be named in the Will to deal with the deceased’s affairs.
- The executor(s) must apply for a Grant of Probate from the Probate Registry to confirm that they have the right to access funds, organise finances and gather and divide out the person’s property, money and possessions as stated in the Will.
When the deceased person left a valid Will, but no executor is acting
When there is no valid Will
- In the event that there is no Will, a relative of the deceased may apply to the Probate Registry to deal with the estate.
- In this case, they apply for a Grant of Letters of Administration.
- If the grant is agreed, they are known as ‘administrators’ of the estate.
- This works in the same way as the Grant of Probate, confirming their authority to deal with the assets of the deceased person.
The personal representative won't be granted probate until some or all of any Inheritance Tax that is due on the estate has been paid.
There are 18 Probate Sub-Registries situated throughout England and Wales. Please visit:
HM Courts Service for your nearest registry.
If the deceased person lived in Scotland you apply for a 'grant of confirmation'. This is granted by either the Sheriff of the Sheriff Court district where the deceased lived prior to their death, or by the Commissary Office in Edinburgh if the deceased had no fixed abode or did not reside in the UK.
Applying for a grant using a solicitor
The forms you need to complete to apply for a grant depend on where the deceased lived and whether or not you expect to pay Inheritance Tax on the estate. It is possible to apply for a grant without a solicitor; however, this can be very stressful and time consuming and could result in mistakes.
At Legal Advice Helpline, our solicitors can apply for the grant for you, eliminating all of the pressure for the executors or administrators. We will take care of everything from start to finish, including:
Identifying assets and liabilities of the estate
- Valuing the estate
- Dealing with all correspondence
- Identifying tax liability, completing and submitting the appropriate Inland Revenue account
- Preparing and submitting the probate application
- Collecting the assets, or advising on liquidation
- Discharging the liabilities of the estate from the estate assets
- Preparing the estate account
- Distributing the estate to the beneficiaries
Our lawyers operate on a fixed cost fee, which is paid from the estate, but not as a percentage of the estate and you will be made aware of this from the very beginning.
When may a grant not be required?
In certain cases, a grant of representation may not be required.
For example:
- If the deceased left less than £5,000.
- If they jointly owned everything with someone else and everything consequently passes to the living joint owner.
In order to establish whether the assets can be obtained without a grant, the executor or administrator needs to write to each institution informing them of the death and enclosing a copy of the death certificate. Where possible, a copy of the Will should also be enclosed.
If you need advice about making a will or you have concerns about a probate matter, contact Legal Advice Helpline on 0845 600 6984 to speak to one of our specialist advisors about who are waiting for your call.