Steps to Obtaining Probate
Obtaining a Grant of Probate is the process of getting the court’s permission to carry out the wishes left in a person’s will. Normally, the person named ‘executor’ in the will would be the person to obtain a Grant of Probate and execute the Will, dividing the assets and carrying out any last wishes.
Grant of Probate or Letters of Administration?
Grant of Probate
Before the next of kin or Executor named in the Will can claim, transfer, sell or distribute any of the deceased’s assets they may have to apply for Probate. Probate is the word used (in England and Wales) to describe the legal and financial processes involved in dealing with the property, money, and possessions (called the assets) of a person who has died.
Letters of Administration
There are four reasons for which a person will be granted ‘Letters of Administration’. These would include:
- There is no Will
- The Will is not valid
- No one is named as an executor in the Will
- The executors are unable to act
A person can apply for letters of administration for any of the four reasons above if they are:
- Married or in a civil partnership with the person who has died
- A child of the person who has died
- A grandchild of the person who has died
- A parent of the person who has died
- A sibling of the person who has died
- A niece or nephew of the person who has died
- Any other relative of the person who has died
Letters of Administration will be granted in the priority order above.
What can make a Will invalid?
- It hasn’t been signed properly
- It’s been destroyed or altered
- The person who made the will (known as the 'testator') was not of sound mind at the time of writing their will
- The testator was put under pressure or coerced into signing a Will they did not want to sign
- The Will is not coherent. If it’s confusing, or lacking clarity
- Negligence of the solicitor who drafted the will. If the solicitor fails to advise correctly, to your detriment, for example.
Steps to obtaining Probate or Letters of Administration
Step 1 – Register the death
After a loved one has died, their death must be registered at their local registry office within 5 days – this includes weekends and bank holidays. At this appointment, a ‘certificate for a burial’ will be written and must be given to the funeral director, or with an application for cremation which will need to be completed and given to the crematorium. This must happen before the funeral can take place.
Step 2 – Arrange the funeral
Usually, the funeral can only take place after the death is registered. A funeral director can be paid to arrange the funeral, or an executor can elect to do it themself. It is worth checking if the person who died had made arrangements for their funeral – this could include prepaid funeral plans or life insurance.
Step 3 – Inform local governments about the death
At the end of the Registry appointment, the registrar will explain the Tell Us Once service. They will either go through it with the attendee or give them a unique reference number so they can use the service themselves online or by phone. This service must be used within 28 days of registering the death.
Tell Us Once will notify:
- HMRC and the DWP (they will contact the next of kin or executor about the tax, benefits and entitlements of the person who died)
- DVLA
- Passport Office
- Local Council
- Veterans UK
Step 4 – Deal with the estate and obtain Grant of Probate
The final (but longest step) is to Investigate the Value of the Estate, then to organise Inheritance Tax and file the Probate application. This application costs £215 plus £1.50 per copy of the Grant of Probate.
Inheritance Tax is a tax on the estate (the property, money and possessions) of someone who’s died. There are ways to reduce or even avoid paying inheritance tax altogether. Read our blog on Seven Steps to Avoiding Inheritance Tax to find out more.
Once the correct Inheritance Tax forms are completed and sent to HMRC, and Probate has been applied for, the applicant will then need to go to a Probate Court for an interview. The questions asked during the interview will be based on the forms, certificates, the Will (if there is one) and tax forms that have been sent in. If there is a named executor in the Will, the court must accept the will and then formally appoint them. Once probate has been permitted and an executor appointed, this person is said to have obtained a ‘grant of probate’.
It is worth noting that, a named executor can instruct a legal firm to deal with a loved one’s estate and to obtain Probate on their behalf.
When to apply for probate
Probate will always have to be applied for if the estate includes property such as a house or a flat. A Grant of Probate may not be needed if:
- The estate is just made up of cash (bank notes and coins) and personal possessions such as a car, furniture, and jewellery
- All the property in the estate is owned as beneficial joint tenants, this property automatically becomes wholly owned by the other owner
- The deceased had a joint bank account
- The amount of money is small
- The executor discovers that the estate is insolvent, that is, there is not enough money in the estate to pay all the debts, taxes, and expenses
- There are certain life insurance policies and pension benefits in the estate
If you’re looking to Obtain Probate, whether that be as an Executor or through Letters of Administration, get in touch. We offer a variety of probate services that can help you through the process. For more information, visit Grant of Probate or call 023 8023 4433 to get started.
Disclaimer: Information on this webpage is not intended for legal purposes or advice. If you require legal advice or services you should seek a professional legal practitioner.
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