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What Documents Do I Need When Applying for Probate?

8th November 2017

When a Probate application is submitted to the Probate Registry (Court), there are several documents that need to be included. These documents provide essential information on the Estate, such as its value and how it will be distributed to the beneficiaries.

For free initial advice and guidance call our Probate Advisors on 03306069584 or contact us online and we will help you.

Documents to Include when Applying for Probate

The documents that need to be submitted with a Probate application are:

  • An Inheritance Tax form (details below).

  • An Oath. This is a document which confirms that the information that you have given is true to the best of your knowledge. The Oath will contain details regarding the deceased, confirm that you will administer the Estate and confirm the value of the Estate. It will need to be sworn in front of a Solicitor or a Commissioner of Oaths.

  • The original Will along with any Codicils (which are any additions or amendments to the Will). Like the Oath, the Will will need to be sworn in front of a Solicitor or a Commissioner of Oaths. You need to send two copies of the sworn Will with your application for Probate.

Applying for Probate yourself? Then you will also need to submit the Probate application form PA1 along with an official copy of the death certificate. Please note that if you deal with Probate yourself you can be held financially liable for any loss resulting from any mistakes made during the Estate Administration process.

Applying for Probate through our Probate Solicitors? Then we they will submit all of the above documents to the Probate Registry on your behalf.

When sending the above documents, the Probate application fee of £215 should be paid to the Probate Registry, unless the total value of the Estate is under £5,000. If Co-op Legal Services submits the Probate application on your behalf, then you will only need to pay a Probate Registry fee of £157.50

With our Probate Complete Service we take full responsibility for obtaining Grant of Probate and dealing with the Legal, Tax (excl VAT), Property and Estate Administration affairs*.

* We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

Completing the Inheritance Tax Form

The Inheritance Tax form will need to be submitted with your Probate application. This is required in all instances, even if no Inheritance Tax is payable on the Estate. There are two different types of Inheritance Tax forms:

  • IHT205 Return of Estate Information

  • IHT400 Inheritance Tax Account

The IHT205 is the shorter inheritance tax form and should be completed if the gross value of the Estate for Inheritance Tax is less than or equal to:

  • The “Excepted Estate” limit of £325,000. If the gross value of the Estate is below or equal to the limit, then it will not be liable for Inheritance Tax. This is known as an Excepted Estate.

  • Twice the “Excepted Estate Limit” (in this case being £650,000), providing a claim to transfer to the unused nil rate band is attached to the application. The form that will need to be completed to transfer the unused nil rate band is called an IHT217. This will apply in situations where the deceased had a spouse who died before them, and their allowance of £325,000 may not have been used fully or used only partially. This means that the unused Inheritance Tax allowance from the pre-deceased spouse’s Estate can be transferred across to reduce the tax liability on the current Estate. See Transferring Inheritance Tax Allowance case study.

  • £1 million and there is no Inheritance Tax to pay because of spouse, civil partner or charity exemption.

If one of the above criteria is met, the IHT205 can be completed and sent to the Probate Registry.

However, if one of the above criteria is not met, it means that the IHT400 is required. This is the longer Inheritance Tax form and the relevant schedules accompanying it will need to be completed too.

Please note that if there is Inheritance Tax to pay, some of the tax will need to be paid before the Grant of Representation is issued.

For free initial advice and guidance call our Probate Advisors on 03306069584 or contact us online and we will call you.

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