When someone passes away, their property and belongings must be dealt with. A critical legal step in managing their estate is getting a grant of probate. But what exactly is it, and do you need one?
What is a grant of probate?
A grant of probate is a legal document issued by a court that gives executors named in a will the authority to manage someone's estate. It includes things like collecting assets, paying debts, and distributing property, money and other belongings according to the person's will.
When do you need a grant of probate?
Whether you need a grant of probate will depend on what the person who died owned. For example:
Property in their own name
Stocks, shares, or other investments
Some insurance policies
A financial institution wants to see one
Probate might not be needed if:
Assets are jointly owned - they usually pass automatically to the surviving owner
Property is owned as joint tenants with someone else
The estate is small (under £5,000)
The estate is only cash and personal possessions
The estate is insolvent (can't cover its debts)
What if the person didn't have a will?
If someone dies without making a will, or a will is invalid, or there are no named executors, someone, usually a close relative, must apply for letters of administration. It's a legal document that allows someone to manage and distribute the estate of a deceased person.
Getting a grant of probate
There are several steps involved in getting a grant of probate.
Register the death: The first step is to register the death at a register office and get a death certificate. To do this, you'll need to take the medical certificate of the cause of death, signed by a doctor. It's also helpful to take the deceased's:
Birth certificate
Marriage or civil partnership certificate, if applicable
NHS number or medical card
Proof of their address
Value the estate: You'll need to determine the total value of the deceased's estate. You do this by identifying their assets (for example, property, money, and possessions) and debts (bills, mortgage, loans, etc.). Once you have the value, you can estimate if there is any inheritance tax owed and report it to HM Revenue & Customs (HMRC).
Apply for probate: You can apply for probate online or by post. You can only apply online if the person who died lived in England or Wales, you're the executor or administrator, and you:
Are the husband, wife, civil partner or a child (over 18) of the deceased
Have a will
Have a death certificate
Have reported the estate's value to HMRC
Have submitted the tax forms to HMRC (after waiting 20 working days if you need to pay inheritance tax)
If you choose to apply online, you'll still need to send the original will and supporting documents to the Courts and Tribunals Service to complete the process.
Alternatively, you can fill in a paper form and send it along with completed inheritance tax forms if applicable.
Pay Inheritance Tax: If inheritance tax is due on the estate, it must be paid before probate is granted.
Receive the Grant: Once the application is processed, you will receive the Grant of Probate so you can manage the estate. Probate is usually granted within 16 weeks of making an application, but it can take longer, depending on the complexity of the estate. Once you have the grant, you can start administering the estate, for example, paying debts and closing bank accounts.
Why is a Grant of Probate important?
If you don't have a Grant of Probate, you won't be able to settle the deceased's estate. It gives you the legal right to handle their affairs, and without it, banks and other organisations are unlikely to release any assets.
If you find the probate process challenging, speak to a probate solicitor. They can help you work through it and give you legal advice to ensure you handle everything correctly.
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