When a loved one passes away, you may need to get the legal right to deal with their property, money and possessions; which is known as their Estate.
In England and Wales you will need to apply for a Grant of Probate, which is often simply referred to as Probate. The correct person to apply for Probate depends on whether the deceased left a Will or died without a Will; which is known as Intestate.
When there is a Will Executors are usually named in the Will. When there is no Will the next of kin can apply for Probate. You can apply for Probate yourself or our Probate Solicitors and Case Managers can apply for Probate on your behalf.
For free initial advice about Probate call our Probate Advisors on 01618558359 or contact us online and we will help you.
To Apply for Probate You Must
- Make sure you are the appropriate person to apply for Probate.
- Clarify and confirm the value of the Estate. You will need to contact all the banks and financial institutions where the deceased held monies or investments with and ask for valuations at the date of their death. You will also need to get formal valuations of the deceased’s possessions and their property if they owned one. If the deceased had any debts the creditors should also be contacted and the outstanding amounts confirmed.
- Fill in Probate Application form PA1 if applying for Probate yourself.
- Complete the correct Inheritance Tax form – even if you think no tax is owed.
- Send your application to the Probate Registry and include:
- Probate Application form PA1
- The correct Inheritance Tax form
- Official copy of the death certificate
- Three copies of the original Will and any codicils (additions or supplements).
- Probate application fee of £215 payable to HM Courts & Tribunals Service.
The Probate Registry will send you an Oath (a solemn declaration) and details of how to arrange an appointment to have the papers sworn. You must then return the Oath to the Probate Registry and, subject to any issues (e.g. with the Will), they will send you the Grant of Probate.
Once Probate has been granted you can begin to administer the Estate of the deceased. As the legally appointed representative of the Estate you will have a range of legal duties and responsibilities to the beneficiaries which includes calculating and settling all tax affairs, protecting the Estate assets, selling a property if required, paying all debts and identifying and verifying the beneficiaries.
Please be aware that when administering an Estate yourself, you can be held personally financially liable for any loss resulting from a breach of duty, even if a mistake was a genuine error.
At Co-op Legal Services our Probate Solicitors help and support thousands of individuals and families through the Probate process from start to finish.
With our Probate Complete Service we take full responsibility for getting the Grant of Probate and dealing with all the Legal, Tax (excluding VAT), Property and Estate Administration affairs.
For free initial advice and guidance call our Probate Advisors on 01618558359 or contact us online and we will help you.