to be a step-by-step guide to help ordinary, non-experts navigate their own way through the probate process, without having to pay for professional help.
How does probate work?
“Obtaining probate” is the process of applying for permission to handle a dead person’s estate: their money and belongings.
The probate application process involves gathering information about the deceased’s estate, and collating this it into an online form which is sent to the Probate Registry.
The Probate Registry then analyses the information. If it find that everything is in order it provides the applicant with a Grant of Probate, which can be shown the dead person’s bank and elsewhere to access their assets.
About half of all deaths in the UK require probate.
In these cases, failing to obtain probate makes handling the dead person’s assets not only illegal…but also impossible.
What should I do first to obtain probate?
What you should do first to obtain probate depends on what stage in the after-death process you have already reached.
Our advice is that most people should work through this website’s three main pages one by one.
So firstly: take a look at the general advice on First Principles page.
Secondly: read through the What To Do After a Death page. (But please be aware that this page contains practical information about burial and ceremonies which may be useful, but is not a necessary element of obtaining probate)
And finally: steadily work your way through the Five Steps of Probate page which sets out, in clear and simple English, everything someone applying for probate needs to do.
How much does probate cost?
Applying for probate using a specialist lawyer and/or probate advisor can be expensive.
However, most probate applications can be made without needing to employ anyone. In these cases the only financial cost is the probate application fee.
The probate application fee is £300 for estates worth over £5,000. There is no fee for estates worth less than this.
What is a grant of probate?
A Grant of Probate is official permission to deal with the deceased’s estate, issued in the form of single page legal document. The document sets out ?????
Here’s an example of what a Grant of Probate looks like:
Who should apply for probate?
All wills should name at least one person – and up to four people – as executors responsible for handling the deceased person’s affairs.
It is these executors who are reponsible for obtaining probate.
The executor(s) can either apply for probate themselves, or they can appoint someone else, such as a probate specialist or a solicitor to do it on their behalf.
What does probate do?
When someone dies, their assets are “frozen” so that it becomes illegal for anyone to handle them.
A Grant of Probate confers on the executors the legal authority to unfreeze these assets, and distribute them according to the wishes of the will.
Organisations such as banks need to see the Grant of Probate before they will release the deceased person’s money to the Executor(s).
Probate gives the Executor(s) the authority to handle the deceased person’s estate and put into effect the terms of the Will.
Is probate necessary for all deaths?
No. It is not necessary to obtain probate for every death.
In cases where the deceased had only jointly-owned asset which they passed to their partner (for example: in cases where the deceased shared a bank account and house, which is passed to the surviving spouse) then probate is not normally necessary.
Nor is probate normally necessare
How long does applying for probate take?
Depending on the circumstances, gathering all the information needed to make an application for probate can take some time.
But provided there are no complications, once the probate application is submitted it normally takes up to 16 weeks for the Grant of Probate form to be received.
You should receive the Grant of Probate within 16 weeks of submitting an application(according to GOV.UK as of 5th June 2022).3/8
However, this time can be increased by errors on the application (a ‘stopped’ Grant) ordelays from HM Courts and Tribunals Service (HMCTS). Professional providers arefinding that Grants are often taking longer than 16 weeks as suggested by GOV.UK.Generally, it is quicker to apply for probate digitally rather than via a paper application, butin order to do this it must comply with HMCTS’ rules for digital application.
How much does probate cost?
The
The set government fee for applying for a Grant of Probate in England and Wales is £300for estates over £5,000.
For estates valued at £5,000 or less, there is no fee to pay. Within this £300 fee, you willreceive one copy of the Grant, but it is recommended that you purchase more at the timeof application for a small fee.
Additionally, if you choose to instruct a professional to apply for probate on your behalf,there will be additional fees to pay, but these vary between each provider. It’s worthobtaining multiple quotes so that you can compare them and ensure that the fee is fixedto avoid any unexpected costs.
How
Probate is the legal process of dealing with a dead person’s assets. It is important because
When someone dies, their assets are “frozen” so that it becomes illegal for anyone to handle them.
A Grant of Probate confers on the executors the legal authority to unfreeze these assets, and distribute them according to the wishes of the will.
Organisations such as banks need to see the Grant of Probate before they will release the deceased person’s money to the Executor(s).
Probate gives the Executor(s) the authority to handle the deceased person’s estate and put into effect the terms of the Will.
When you ‘apply for probate’, you are actually applying to obtain a Grant of Probate, which is a legal document that gives official permission for you deal with the a dead person’s money and belongings.
About half of UK deaths do not require probate. But for the remaining 50% of deaths, anyone wanting distribute a dead person’s assets must first obtain a Grant of Probate from the Probate Registry.
In straightforward cases, the process of obtaining probate is simple. It is usually possible for a non-expert to obtain probate without paying for professional help. However probate can become complex. In these cases, professional help may be needed.
How do I obtain probate?
This website is a step-by-step guide to help ordinary, non-experts, navigate their way through the probate process without having to pay for professional help.
This website is split in to five sections. These are:
- First principles – ‘what is probate?’; ‘who should get probate?’; ‘is probate necessary?’
- What to do when someone dies – the basic steps to take before making a probate application
- Probate step-by-step – how to make you own probate application without professional help
- Probate problems – answers to all the commonly asked questions about the probate process
- Disputes following a death – what to do when conflict arises in the probate process
Finally there’s a page for people whose probate situation is so complicated that they need professional help.
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Start with a Will: If the person who passed away (the deceased) had a will, it usually names an executor. This is the person responsible for carrying out the deceased’s wishes regarding their assets.- Applying for Probate: The executor must apply for a document called a “Grant of Probate” from the Probate Registry. This grant gives them the legal authority to manage the deceased person’s estate.
- Gather Information: The executor collects information about the deceased’s assets (like property, bank accounts, and investments) and debts (such as loans or bills).
- Valuing the Estate: The value of all the assets and debts is calculated. This is an important step as it determines whether or not inheritance tax needs to be paid.
- Settling Debts and Taxes: Any debts and taxes owed by the deceased are paid from the estate. This includes things like outstanding bills and inheritance tax.
- Distributing Assets: Once debts and taxes are settled, the remaining assets are distributed according to the instructions in the will or, if there’s no will, according to the rules of intestacy.
- Final Accounting: The executor provides an account of how they’ve managed the estate to the beneficiaries and the Probate Registry. This includes a detailed list of assets, debts, and how everything was distributed.
- Closing the Estate: After all these steps are completed, the estate is considered “wound up,” and the probate process is finished.