The five steps of probate - Simple Probate Law

The death has been registered, the will located, and inheritance tax all sorted. Now it’s time to apply for probate. Here are the five steps of applying for probate.

When the deceased has left a Will, they should have appointed an Executor to administerthe estate, including obtaining probate (if required). There may be more than oneExecutor administering the same estate, but only one needs to apply for the Grant. Theother Executors will have ‘power reserved’, which means that they remain as Executorsbut do not need to be involved with the probate process unless they wish to. Alternatively,they can renounce their position if they do not want to be involved at all.

If there is no Will, an Administrator will be appointed according to the rules of intestacy.This is usually the next of kin.

The umbrella term for an Executor or Administrator is ‘Personal Representative’. AnAdministrator has the same role as an Executor, but they will need to apply for Letters ofAdministration rather than a Grant of Probate. Both documents grant the same legalresponsibility to administer the estate.

1. Check you need to apply for probate

Not all deaths require probate.

As part of your inheritance tax checks you would have established how much your loved one’s estate is worth. If that sum is less than £10,000 it’s highly likely probate will not be necessary: the deceased’s bank will release funds to an executor without needing to see a Grant of Probate. In some cases the threshold for immediate fund release can be higher than £10,000: it depends on the bank.

Nor is probate necessary when assets are held jointly (such as spouses’ joint bank account, or a property owned as joint beneficial owners). In this situation the assets pass automatically to the survivor partner without the need for probate.

Probate is only normally required where the deceased person personally owned assets and cash worth more than £10,000.

Not all deaths require probate. It is only usually needed if:

The total value of the deceased’s estate (their money and assets) is worth more than £10,000
This estate includes some solely-owned assets

Take our interactive questionnaire to check if you need probate.

Step 2: Gathering up information about the estate

Once you know you need probate, you should track down the will (if there is one) and make a list of the assets in the estate. This includes things like:

Property
Bank accounts
Savings accounts
Pensions
Life insurance
Stocks and shares
Debts
Any gifts given in the last 7 years

You’ll then need to contact the banks and other organisations to find out the value of each asset in the estate.

If you need help tracking down this information, or don’t have time to work it out yourself, our Complete Probate service may be a good option for you.

This also includes the remaining steps in the probate process, so you can rest assured that everything will be taken care of and the beneficiaries will receive their inheritance.

Step 3: Applying for probate

If you choose to value the estate yourself, the next step will be to apply for probate. For this, you’ll need to fill out a probate application form along with inheritance tax form IHT205, IHT217 (if date of death is on or after 1 January 2022) or IHT400 – depending on your situation.

These forms can be fairly complex, so most people choose to hire a solicitor or professional probate provider to handle this on their behalf.

To find out how we can get you probate for as little as £595 (excluding the probate registry fee), please call our friendly team on 020 8106 8207.

Step 4: Getting the grant of probate

After your application has been submitted to the probate registry, it can take up to 16 weeks for it to be approved. However, if the forms include a few mistakes or there’s a backlog at the registry, this can take much longer.

Once the application is approved, this will be sent out to you in the post.

Step 5: Dealing with the estate admin

The final step in the probate process is dealing with the estate admin. This usually takes 3 to 6 months and includes things like:

Completing an inheritance tax return and paying any taxes due – such as inheritance tax, income tax or capital gains tax
Putting the house on the market and overseeing the sale – or transferring the house to beneficiaries
Closing bank accounts and collecting funds in one place
Contacting pension providers to access funds
Claiming on any life insurance policies
Repaying any outstanding debts owed by the deceased
Distributing funds to the beneficiaries

Want to find out how long probate will take based on your situation? Use our free probate calculator to get a quick estimate.

What is a grant of letters of administration?

A grant of letters of administration is an official court document that proves you have the authority to deal with someone’s estate. The key difference between this and a grant of probate is that a grant of letters of administration is needed for estates where there is no will. It may also be required in cases where there is a will but the executors are unable to deal with the estate. This is known as ‘a grant of letters of administration with will annexed’.

If you recently lost a loved one and stand to inherit the majority of their estate under the rules of intestacy, you may need to apply for a grant of letters of administration before you can deal with their assets. As part of this process, you’ll become the administrator of the estate.

What’s the difference between probate and full estate administration?

When comparing prices for probate solicitors, you’ll probably notice a huge range of fees ranging from the hundreds well into the thousands. That’s because there are two different types of service you can choose from when applying for probate: getting the grant of probate (or grant of letters of administration) and full estate administration.

Getting the grant of probate

The simplest and cheapest option available is to simply get the grant of probate or grant of letters of administration. At Farewill, we quote fixed-fees of £595 for our Essential Probate service, or from £1,045 if the estate is more complex.

For this, we set up a phone call to gather information about the estate and ask for any documents we may need. Our legal team will then check it over and, if everything is in order, they’ll prepare your probate application (and tax forms if needed). This will be sent out to you for approval, then, after receiving your signed documents, our legal team will submit your application to the government. Once your application is approved, we’ll get your grant sent out in the post, then you’re free to sell any property, close accounts and distribute funds to beneficiaries.

This could be a good option for you if you’re good with finances and have plenty of time on your hands. However, if you’re working full time or are worried you could get something wrong, you may prefer our full estate administration service.

Full estate administration

Full estate administration includes everything involved in getting the grant of probate or grant of letters of administration, plus all the admin that comes before and afterwards. This may include paying off debts and inheritance tax, selling property, closing bank accounts and collecting funds, claiming on life insurance policies, and distributing funds to beneficiaries.

Every estate is different, so the cost of our Complete Probate service varies from case to case. While many probate solicitors charge a percentage of the estate, we always quote a fixed-fee upfront so you know exactly what to expect.

Summary

Probate is a legal document that gives you the authority to deal with someone’s estate.
Not every estate needs probate – we offer an interactive quiz to help you check if you need probate.
The process of getting probate usually takes between 1 and 3 months. It can then take another 3 to 6 months to deal with the estate.
If you’re confident dealing with the estate admin yourself, you can get probate with Farewill for as little as £595 – excluding the government’s registry fee.
If the estate is particularly complex and you’d like a professional to deal with this for you, our Complete Probate service may be a better fit for you – which starts at just £2,000.

Probate meaning

Probate is a legal document used to show banks, the Land Registry and other organisations that you have the authority to deal with someone’s estate. Sometimes people use the term ‘probate’ to refer to the entire process of administering an estate.

What is a grant of probate?

A ‘grant of probate’ is the official court document that proves you have the authority to deal with someone’s estate. If the person whose estate you’re dealing with had a will and you’re the executor, you may need to apply for a grant of probate to access their estate. Once this has been approved, you’ll be able to sell property, pay off debts, close accounts and distribute assets in accordance with the will. You can apply for probate yourself, or apply for probate with professional support.

Probate process explained

The process of getting grant of probate can take up to 16 weeks following your application. It can then take a further 3 to 6 months to deal with the estate, but this can be quicker if there’s no property that needs to be sold.

Here’s a breakdown of the key steps in the probate process:

Step 1: Checking whether you need probate

Probate isn’t always required, so the first thing to do is find out if you need it.

Probate is usually needed if:

The total value of the estate is worth more than £10,000
The estate includes a number of solely-owned assets

Take our interactive questionnaire to check if you need probate.

Step 2: Gathering up information about the estate