What are the first steps if Probate is required?
Once you have registered the death and arranged the funeral, you will need to start thinking about Probate.
You will need copies of the death certificate, these can be obtained from your local registry office.
- Work out if there is a Will. If you are unsure how to go about this, or if there is a Will, please contact us
- At this point it may be advisable to seek professional advice. Depending on the size of the Estate, the number of assets, the number of beneficiaries and the amount of cash in the Estate to settle any IHT bills, a Professional Probate company could assist throughout this process. To find out your options, please contact us
- The “Tell Us Once Service” is a Government scheme that allows you to inform multiple government departments of the death without the need to inform each on individually. You will need the deceased’s date of birth, national insurance number, passport number, driving license number (if applicable) and vehicle registration number (if applicable).
- Secure any property and assets. The Personal Representatives are the only people allowed to access the property and belongings.
- The Probate process can then begin. Remember, the first Inheritance Tax Payment is due 6 months from date of death (whether this be a part-payment or payment in full depends on the assets within the Estate and whether there is a property to be sold).
INTESTACY
You can apply to be an ‘administrator’ of the estate there is no Will. The process is the same as applying for Probate. ‘Letters of administration’ will be received, to prove you have the legal right to deal with the Estate.
Who can make the application
You can usually apply if you’re the person’s next of kin, for example their spouse, civil partner or child. You can also apply if you are a sibling (in the absence of children).
You can apply if you were still married or in a civil partnership with the person when they died, even if you were separated from them. If you are divorced, you cannot apply.
You cannot apply if you are the partner of the person but were not married or civil partner when they died. You are not automatically entitled to any of your partner’s estate.
The Laws of Intestacy decide who can inherit
If you are unsure whether you will be able to apply for Probate without a Will, please call the UK Probate Office helpline on contact us.
Applying for Probate
If you’re an executor you can apply for Probate yourself or use a solicitor or another person licensed to provide probate services.
If there’s no will you can apply for letters of administration. You can follow the same steps as applying for Probate but you can only apply by post.
Remember: An Executor is personally liable for any distribution and subsequent claims against an Estate. If you have any doubts, please contact us
Report the estate’s value and pay any inheritance tax you owe
You must estimate and report the estate’s value before you apply for Probate. Depending on its value, you may have to pay Inheritance Tax.
You may get a penalty if you send inaccurate information on your Inheritance Tax form.
If there’s tax to pay, you normally have to pay at least some of it before you’ll get probate.
You can claim the tax back from the estate or the beneficiaries, if you pay it out of your own bank account.
If there is no money in the Estate to pay the Inheritance Tax and you cannot pay it yourself, some professional Probate companies may be able to facilitate an Inheritance Tax Advance. Please contact us for more information.
Getting help
You can hire a professional (for example licensed Probate practitioner) to help with some or all of the tasks involved with valuing an Estate and taking out the grant of Probate.