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FAQ - Probate
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Probate - What is it?
When a person passes away someone has to assume responsibility for administering or dealing with what that person left behind their estate. Where there is a will, these persons are usually called executors and will have been appointed by the will maker.
The person/s responsible for dealing with the estate need to gather all the possessions and money together, and the term 'probate' usually refers to the issuing of legal documents which authorise a person or persons to do this. When the probate registry issues such legal documents to the person/s it is referred to as a 'grant of representation' and there are 3 different forms of grant.
Forms of Probate
As mentioned above, there are 3 different forms of grant. These are;
- Probate - a grant which is issued to one or more executors named in the deceased's will
- Letters of Administration with Will - where there is a Will but no executors have been named or where the named executors cannot or do not wish to deal with the administration of the estate.
- Letters of Administration - where the deceased has not made a Will or where a Will has been made but proves to be invalid.
Grant of Probate
The grant serves as an instrument of proof. The person/s who successfully receive the grant are responsible for the distribution of the deceased’s estate and owe a duty to any beneficiaries to ensure that the estate is distributed and dealt with appropriately. The grant is proof to any person wishing to see it that the said person/s dealing with the distribution of the estate have authority to do so. In addition, certain institutions particularly financial will not release any monies the deceased may have held with them until they see the grant of representation. It helps them in knowing who to pay the proceeds to and that the said person/s have the authority to receive the funds.
A grant may not be required in SOME situations. For example, some institutions such as insurance companies or building societies may be happy releasing the funds without seeing proof of a grant if the sums involved are relatively small.
In addition, you will usually not need a grant where a house is held in joint names and it is clear that the house automatically becomes property of the surviving owner. You WILL however need a grant to sell or transfer property which is in the deceased’s name only. More often than not a grant will be required and if in ANY doubt you should consult a solicitor for clarification on this point.
Who is entitled to the Grant?
There are rules about who may apply and receive a grant and the circumstances of the individual cases may decide the matter. However, there are some guidelines to help in determining who should apply. These are;
- Executors - If there is a Will with named executors these will be the first people entitled to the grant.
- Beneficiaries - The next person entitled is any person named in the Will or to whom the deceased has given his/her estate or remainder of.
- Next of Kin - If the deceased made no Will or the Will proves invalid, the next of kin will be next in line of entitlement to the grant and there is an order of preference starting with immediate family members first.
Applying for a Grant of Probate
There are five stages in the application. These are;
- Obtain application forms - You will need to find the probate office which is nearest to you and they will send the forms out. You can find your local office by contacting the Probate & Inheritance Tax help line on 0845 3020900 Monday - Friday 9.ooam - 5.00pm.
- Choose where you wish to be interviewed - Again you will need to visit the above website or contact the above number to help you decide on this.
- Complete the application forms.
- Return the forms with the death certificate and the original Will (if there is one) by registered post to the relevant probate office.
- Attend the interview - The importance of the interview is to go through all the details incorporated on the forms to ensure they are correct - it is very easy to make the simplest mistake on any form irrespective of their nature and it works as a proof reading exercise. You will also in addition to the application form be asked to swear an oath and affirm the accuracy of the contents of the form before the interviewing officer.
Application Forms: Where & What to Send
- The probate application form - this asks for details of the deceased and your as the applicant.
- Account of the estate - This form asks you to give a full account of the deceased's estate. You should try to obtain the full value of all items shown, including any interest or bonus which will be paid. Any money due from the deceased's employer should be included. The full market value of any house should be shown.
The death certificate
The original will or any document where the deceased has expressed his preferences or wishes as the distribution of their estate.
NB: You should make a photocopy of any documents that you send.
You should send your documentation to the probate registry where you wish to be interviewed or to the probate registry who control the various offices where you wish to be interviewed. At least one informal interview must be attended to enable a grant of probate to be given.
It is important that you do not address any post to local offices as this can delay the application process although you can hand your forms into the probate registry or local offices when they are open.
Upon receipt of the forms the probate office will contact you and arrange a time for interview. It is difficult to say how long it will be before an interview is arranged due to workload and the complex nature of the procedure.
The Interview
The grant will be prepared by the probate registry and sent to you via post. Upon receipt of the grant, it should be shown to any organisations which require it as proof before releasing monies or goods.
If you have any questions which have not been answered already, please do not hesitate to contact me.
