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When a person dies somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money, paying any debts and distributing the estate to those people entitled to it.
The term probate often means the issuing of a legal document to one or more people authorising them to do this.
The Probate Registry issues the document, which is called a grant of representation.
There are three types of grant of representation:
- Probate issued to one or more of the executors* named in the deceased’s will.
- Letters of administration issued when there is a will but when there is no executor named, or when the executors are unable to apply, or do not wish to be involved in dealing with the estate.
- Letters of administration issued when the deceased has not made a will, or when any will he or she made is not valid.
* People named in the will to deal with the estate.
Throughout this page the term grant will be used to mean whichever type of grant of representation you may need.
Why is a grant necessary?
Organisations holding money in the deceased’s name need to know to whom that money should be paid, and the grant is proof that the person named in it may collect the money.
The estate left when a person dies passes to the people named in his or her will. If there is no valid will it passes to his or her next of kin.
The distribution of the estate to the correct people is the responsibility of the person named in the grant.
The grant is proof to anyone wishing to see it that the person named in it is entitled to collect in and distribute the estate.
Is a grant always needed?
Sometimes a grant is not needed and you may wish to ask anyone holding the deceased’s money whether they will release it to you without seeing a grant. If they agree they may attach conditions. It is for you to decide which is the cheaper or easier option.
The following are examples of when a grant may not be needed:
- There are organisations who may release the money to you without a grant if the amount held is small and there are no complications. Among these are Insurance Companies and Building Societies.
- You will not usually need a grant when a house is held in join names and it is clear that the house automatically become the property of the surviving owner. If you are in doubt on this point you may need to ask a solicitor whether a grant is needed to change the ownership.
You will need a grant to transfer or sell a property held only in the deceased’s name.
Do not advertise any house for sale too soon after the owner’s death as a sale cannot be completed until you have obtained the grant. The date of issue of the grant cannot be guaranteed to coincide with the final stages of sale.
Am I entitled to a grant?
There are rules which govern who may be given a grant, and whether or not one is issued may depend on the circumstances in a case.
The following points are a brief guide for you:
- If there is a will with named executors they are the first people entitled to a grant.
- If there are no executors or the executors are unable or unwilling to apply, the next person entitled to a grant is any person named in the will to whom the deceased gives all his estate, or the remainder after gifts have been paid.
- If the deceased has not made a valid will, application for a grant should normally be made by his or her next of kin in the following order of priority:
- Husband or wife;
- Sons or daughters;*
- Parents;
- Brothers or sisters;*
- More distant relatives
* Or if any have died in the lifetime of the deceased then their sons or daughters may apply.
- A grant cannot be issued to any person under the age of 18.
- Illegitimate relatives other than sons or daughters may not be entitled to a grant.
If you are not sure whether you are entitled to apply you should still complete and return the forms and the Probate Office will let you know.
When more than one person is entitled to a grant you may all obtain a grant together, however there is a maximum of four applicants allowed. In most cases only one person needs to obtain a grant, but there are circumstances when you and another person may need to obtain a grant together. If this is the case the Probate Office will let you know as soon as possible after they have received your application.
If you are asked by someone else to apply on their behalf please send a note with your application giving the details of that person, and the reason why they are not applying.
If it is not possible to issue a grant to you the Probate Office will need to explain the reasons.
How do I apply for a grant?
The five stages for applying for a grant are set out below and explained later in greater detail:
- Obtain the application forms;
- Choose where you wish to be interviewed;
- Complete the application forms;
- Return them, with the death certificate and the original will to the appropriate Probate Registry;
- Attend the interview.
What forms are there?
If you have not already been given them, the following forms may be obtained from your nearest Probate Registry:
- The probate application form — This form asks for details of the deceased and yourself as applicant.
- Account of the estate (1HT44 and 1HT205). These forms ask you to give a full account of the deceased’s estate (see the PA1 Notes enclosed with the forms). You should try to obtain the full value of all items shown, including any interest or bonus which will be paid. Any money due from the deceased’s employer should be included. The full market value of any house should be shown, although a professional valuation is not normally required. The value of household goods, jewellery and belongings should be shown as the amount for which they could be sold.
What should I send?
When you return your forms please also send:
- The death certificate from the registrar's office.
- The original will (or any document in which the deceased expresses any wishes about the distribution of his or her estate).
The Probate Office will advise you to make and keep a copy of any will you send with your forms.
Where do I send the forms?
You must send your forms and any other post either to the Probate Registry where you wish to be interviewed or to the Probate Registry which controls the local office where you wish to be interviewed.
Do not send any post to the local offices.
You must attend at least one informal interview to enable a grant to be issued.
You must state on the probate application form at section 1 which is the most convenient place for you to attend.
After we have received you application the Probate Office will send you an appointment for interview.
The interview can take place either at a Probate Registry or at one of its local offices.
A separate list, enclosed with the application forms, shows the addresses of the local offices which are only open on certain days.
It is important that you do not address any post to local offices as this will delay your application. You may hand your forms in at the Probate Registry or the local office when it is open.
If you are applying for a grant with someone else who is unable to attend for interview at the place you have chosen, arrangements may be made for their attendance at a different place. However, this will mean that the issue of your grant will take longer.
Why do I have to be interviewed?
The purpose of the interview is to confirm the details you have given and to answer any queries you may have.
To complete your application you will be asked to sign a form of oath, and to swear or affirm before the interviewing officer that the information you have given is true to the best of your knowledge.
In most cases only one interview is required.
If your application is completed there may be additional documents to be signed, or you may be asked to contact other people (for example a witness to the will) so that the Probate Office can interview them or obtain their signatures to documents.
When will I be interviewed?
You will be given the earliest available date for interview at the Probate Registry or local office of your choice. However the number of applications waiting to be dealt with varies and it is difficult to say how soon you will be interviewed.
No appointment can be given until you application has been examined by the Probate Registry.
If the Probate Registry are unable to send you a notice of appointment within two weeks of receiving your application you will normally be sent an acknowledgement of your application.
How much will it cost to obtain a grant?
In all cases a fee has to be paid. The amount of the fee depends on the size of the estate involved, and cannot be worked out until the details are confirmed at the interview.
A table of fees is enclosed with the application forms as a guide only.
The grant will not be issued until the fee is paid.
What about duty or tax?
In most estates, there is no Inheritance Tax to pay.
If Inheritance Tax is payable, you cannot get the grant until you have paid the tax.
We may need to send the account of the estate to the Capital Taxes Office after your interview. The Probate Registry will do this if the estate is very close to or is more than the limit where tax is due.
The Capital Taxes Office will tell you in writing how much tax you must pay before we can give you the grant.
The issue of the grant does not mean that the Inland Revenue agrees all the figures in the account. The Capital Taxes Office may need to contact you again after you have got the grant.
Please note that Inheritance Tax is due 6 months after the end of the month when the person died (the due date). The Inland Revenue charges interest on unpaid tax from the due date whatever the reason for late payment. If you have any queries about tax and interest and you want answers before you apply for the grant, please contact:
The Capital Taxes Office
Inland Revenue
Ferrers House
PO Box 38
Castle Meadow Road
Nottingham
NG2 1BB
Tel: 0115 974 2400
What are the responsibilities of the Probate Registries?
The Probate Offices are responsible for making sure that an applicant is entitled to be given a grant, and that any will produced appears to be properly made.
If there is any doubt as to whether the will left the deceased is valid, or where it appears a will has been altered or amended the Probate Registry may wish to interview at least one of the witnesses.
The Probate Registry has to prepare the documents needed to complete the application and to issue the grant itself.
Please note that the responsibility of the Probate Registry ends when the grant is issued. The staff at the Probate Registry are unable to assist you in dealing with the estate after that.
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