This is an extensive guide on probate. You may not wish to read this in one go. To make the guide easy to navigate we have split it into chapters. You can jump to the chapter of interest by clicking on any of the items in the list below.
You may find jumping to our Frequently Asked Questions section useful too as may common questions are covered.
A quick thank you to The Probate Department for providing some of this content. The Probate Department can help you with general guidance and finding suitable economic professional help if you need it.
Probate can be complex. If you need some help check out our business directory, where you can find some probate providers who may be able to help you.
Our Probate Explained guide sets what needs to happen from a legal and financial perspective when someone dies who has been a permanent resident in England or Wales (the laws are different in Scotland).
We appreciate this is a very difficult and upsetting time for you. So you should think carefully before deciding if you want to take on the role as an executor or administrator. The process can be very time consuming, stressful and in some circumstances can take several months to finalise.
This guide does not constitute advice. If you need advice or have any concerns, you should speak to a probate specialist.
In the first chapter of our Probate Explained guide, you will learn:
What Probate is
How many copies of a Grant of Probate are Required
How long applying for a Grant of Probate takes
How much Probate costs
A grant of probate is the legal document that an executor of a Will uses as proof of their right to manage the financial and legal affairs of a deceased person.
When you are dealing with banks, financial institutions and other organisations that the deceased had dealings with they will often request to see a sealed copy of the Grant of Probate before they will all an executor to access information and accounts.
If someone dies without a will, the person who has agreed to manage their estate will need to apply for letters of administration. This functions in the same way as a Grant of Probate.
PS
Probate can be complex. If you need some help check out our business directory, where you can find some probate providers who may be able to help you.
Grief can be overwhelming – if you or your family need support, visit Cruse Bereavement Support, a charity that can offer you some support and help you make sense of how you are feeling.
There is no set number of copies that you will need to acquire. It will depend on the complexity of the estate and the number of different institutions that the executor will need to deal with.
Copies are not expensive, so you may want to purchase half a dozen, so that you can forward sealed copies to several organisations’ whist retaining at least one copy at home.
When you make your initial application for a grant of probate you can request multiple copies. If you have already completed your application and you realise you need more copies, you can request additional copies by visiting GOV.UK.
According to GOV.UK, You’ll usually receive the grant of probate or letters of administration within 8 weeks of sending in your original documents.
It can take longer if you need to provide additional information.
At the time of writing this guide, GOV.UK suggested the following fees are payable (you can read this on their website here):
If the value of the estate is over £5,000, the application fee is £273.
There’s no fee if the estate is £5,000 or less.
You can order extra copies of the probate document for £1.50 each. This means you can send them to different organisations at the same time.
If probate has already been granted, it costs £20 to make a second application. For example, if you want to apply as an executor after holding ‘power reserved’ on the first application. You’ll have to pay the fee even if the value of the estate is £5,000 or less.
If you have a low income or are on certain benefits you may be able to get help with the cost of applying for probate. Check out this link ‘applying for help with fees online’ for more information.
If you appoint a Probate Provider to help you apply for probate and distribute the Estate, ask for information on their fees up front as they can vary significantly between providers. As I have said above, some will work for a fixed fee others will take a percentage of the Estate (which can be very costly and sometimes unnecessary).
In the second chapter of our Probate Explained guide, you will learn:
Where you can get probate forms from
When you should apply for probate
Who can apply for probate
Is a Grant of Probate always required
How to find probate records online
What the procedure is when there is no will
Time limit for applying for probate
Potential consequences of delaying probate
You can find all of the relevant forms on the GOV.UK website whether you want to apply online or via the post.
Here is the link – https://www.gov.uk/government/collections/probate-forms
Theoretically it would make sense to start the process once the person has died, although it may the last thing you want to think about in the days following the death.
This is completely reasonable, and it is important you give yourself space to grieve properly.
However, it would be advisable not to delay the process for too long.
If the application process starts soon after the funeral, it will not only ensure that Probate is granted as early as possible, but will it also help you start to move on and achieve closure.
An application for Probate must follow the correct procedure and it is vital to ensure you have all of the relevant documents to hand.
If you have any concerns, a Probate specialist will be able to guide you through this and help ensure the process runs smoothly – although check on their fee model before appointing them. The cost can vary significantly between providers, some may take a significant percentage of the Estate as their fee, whereas others might provide the service for a flat fee agreed at the outset.
Only certain people can apply for probate. Who can apply depends on whether or not there is a Will.
If there is a Will, executors named in it can apply.
If there’s not a Will, the closest living relative can apply to become the administrator of the estate.
You cannot apply if you’re the partner of the person but were not their husband, wife or civil partner when they died.
If there isn’t a Will You can use the inheritance calculator to find out who is entitled to a share of the estate.
Contact the Probate Call Centre if you need more help to work out who can administer the estate.
The Probate Call Centre Telephone number is 0300 303 0648 (open Monday to Friday, 8am to 6pm).
Not every estate needs a Grant of Probate. A Grant may not be needed if:
The home is held in joint names as Joint Tenants and is passing by survivorship to the other joint owner(s). This can be the case for married couples and those in a legal civil partnership.
However, if the tenancy has been severed and the owners are “Tenants in Common” then the property is owned in shares and does not pass automatically, so Probate will be needed. With people living longer and remarrying often in retirement, this is becoming increasingly common.
There is a joint bank or building society account. In this case, the bank may only need to see the death certificate, in order to arrange for the money to be transferred to the other joint owner. However, a Grant could still be needed to access assets held in other bank accounts or insurance policies.
The amount held in each account was very small. You will need to check with the organisations (banks, building societies or insurance companies) involved to find out if they will release the assets without a Grant.
Again the GOV.UK website has a service (for England and Wales only) that will help you search for probate records or find a will. Here is the link – https://probatesearch.service.gov.uk/
If the deceased lived in Scotland take a look at this link to find out how to find a Will – https://www.nrscotland.gov.uk/research/guides/wills-and-testaments
If the deceased live in Northern Ireland take a look at https://www.nidirect.gov.uk/campaigns/public-record-office-northern-ireland-proni.
If the person has died without a will or the will has been declared invalid, then this is deemed to be Intestate.
There will be no Probate, but it is still necessary to distribute the estate amongst the appropriate people.
In situations like this, the deceased’s family can apply for an Administrator to be appointed. This will usually be the next-of-kin, but a request can be made for a professional probate provider to be appointed instead.
The Administrators role is similar to an Executors, except that instead of the estate being distributed according to the will, it must be distributed according to the laws of intestacy.
There is no time limit to apply for an Administrator but if the estate qualifies for Inheritance Tax you will have to apply within a set timetable (see above).
Everything doesn’t necessarily go to the spouse, and nothing goes to a long-term partner without a legal battle (unless the property is jointly owned, and then it will depend on the type of joint ownership.)
Jointly owned assets often pass automatically to the surviving owner on production of a Death Certificate, but there are traps for the unwary where this may not be the case.
GOV.UK has an online questionnaire called Intestacy – who inherits if someone dies without a will? This will help you find out who is entitled to a share of someone’s money, property and possessions if they die without making a will.
There is no time limit in applying for Probate, however, this does not mean that a delay is necessarily safe.
There are two reasons why it might be advisable to apply for Probate at the earliest possible opportunity:
1. Time limit if Inheritance Tax is payable
If the estate being left in the Will is liable for Inheritance Tax this does have a strict time limit. Inheritance Tax must be paid within six months of the persons death, regardless of what stage you have reached with Probate.
If you fail to meet this deadline it may result in financial penalties.
In addition, there may be a time limit for filing Inheritance Tax Returns. This depends on which form is required.
If you need to complete the longer Inheritance Tax Return Form (IHT400) it must be filed within one year of the persons death.
The shorter Inheritance Tax Return Form (IHT205) has no time limit. In theory, you could leave it years before you file it, but the Will could not be considered settled until this step has been taken, and the beneficiaries may choose to take action if you delay the process unreasonably.
2. Potential consequences of delaying probate
Until a Grant of Probate has been made, the Executor(s) have no authority to distribute any of the bequests to beneficiaries.
In many cases, the Executor is also a beneficiary. If this is true of the will that you are acting for, this means that you will also have to wait to receive your bequest.
Even if this were not the case, you still have a duty to act in the interests of the beneficiaries.
If the beneficiaries feel that you are causing unreasonable delay in applying for Probate, they may apply to have you replaced as the Executor. They may also sue you for withholding their property.
If none of the circumstances above apply, a Grant may be required.
In chapter 3 of our Probate Explained guide, you will learn about the duties of executors:
Insuring the property of the deceased
Registering the death
Arranging the funeral
Finding a will
Requesting the necessary forms
Informing necessary persons and organisations
Do all executors have to apply for probate
Do you have to be an executor
Applying for a Grant of Probate
As an Executor, you need to take care with your decisions and actions, as executors have a significant liability for any mistakes, such as missing a beneficiary or paying the wrong person. More on this below.
You do not necessarily need to do all of this yourself; you could appoint a probate specialist to support you (they could also become an executor), this could be a solicitor, accountant, or probate advisory business.
Below are duties of an executor.
As an executor it is your responsibility to arrange suitable insurance for the property of the deceased.
You should contact the existing home insurer immediately.
The insurance will need to be arranged in the name of the estate and the insurer will have questions on the occupancy of the property.
If the property is going to be unoccupied, many insurance companies will no longer wish to insure it.
Most home insurance providers have an unoccupancy condition that effectively removes cover once a property has been unoccupied for more than 30 days.
Don’t worry, Insuristic has a product designed for executors to insure unoccupied property during probate. The following resources may be useful to you:
Information on our Probate House Insurance offering
Our guide on unoccupied home insurance, which may be of help when understanding the need for unoccupied home insurance, the cover and typical policy conditions that will apply.
You will need to obtain copies of the Death Certificate. Many copies will be required not only before the funeral takes place but also for each of the funds which may have to be released or transferred such as bank accounts, insurance policies, stocks and shares, property etc.
It is advisable to buy many copies at the time of registration, as additional copies are more expensive. This is useful as many institutions are very slow at returning Death Certificates or don’t return them at all.
The cost will normally be the first expense paid for from the deceased’s Estate.
You should check that the Testator did not have a pre-paid funeral. If there is no funeral plan in place, the deceased’s bank may be willing to pay for some or all the funeral costs from the clients account if it has sufficient funds, provided they are asked in advance.
Banks will not fund the funeral bill if it has already been paid.
Some people have Life Insurance that may help towards the cost of their funeral.
If you can’t find a life insurance policy, you could check the deceased’s bank statement, as the payments to the insurer may be on there as a monthly instalment from the bank.
Although some policies only require payments until (say) age 85, and other policies can be made paid up earlier.
Look for policy documents or contact the Funeral Planning Authority who cover many prepaid plans or the Unclaimed Assets Register for insurance provided by Experian.
If you need to find the will, it may be with the deceased’s solicitor (if you know who they are).
The deceased may have it printed out and filed somewhere in their home.
If you can’t find a Will, you can search for a will here on the GOV.UK website. You will need to make sure the Will is the most recent one, as a new Will cancels an old one, and you may find an older version, which can cause all sorts of problems.
I appreciate we have covered this in Chapter 1, but for ease, you can order the necessary forms from the GOV.UK website, here is the link to the relevant page.
There are various forms to choose from such as applying for probate by post if there is a will or not a will.
You can also apply for a power of attorney where you can appoint someone as your representative, this could be a professional Probate Provider.
This will be used to receive money due to the Estate and any loan arranged to pay an Inheritance Tax and/or Probate fees.
You should not use your own bank account.
Such as banks, building societies life assurance companies, employers, local authorities, Inland Revenue, benefit agencies etc.
The Tell Us Once Service offered while the death is being registered is very helpful with Official bodies.
You should draw up a detailed schedule of all the deceased’ assets.
This will include the house and its contents other personal effects, investments in savings plans, shares, life policies, building societies etc.
If you want to check you have covered all of the deceased’s bank and savings account you could try My Lost Account or the find pension contact details on the GOV.UK website. There are other similar services available in the markets.
If you need help here, particularly for large estates, you should seek the advice of an accountant or a Probate Provider.
All debts must be paid from the proceeds of the Estate. These will include mortgages, income and capital gains taxes, bills, credit cards, loans and overdrafts.
Don’t miss any out or you could end up paying the debts personally.
In some cases, it is prudent to advertise for debts in the London Gazette, local paper and sometimes more widely, especially if a business is involved.
When Inheritance Tax is due the Executor’s account of the Estate is passed to the Inland Revenue 4 weeks before you can submit the Probate application and the Grant of Probate cannot be issued until the tax is paid.
There will be circumstances where part of the Estate has to be sold to pay Inheritance Tax and if this is the case banks can arrange loan facilities to pay the tax straight away.
Otherwise, it is possible to pay in instalments where property is concerned, however, interest will be applied to the outstanding balance.
Many savings institutions will release money direct to the Inland Revenue to pay Inheritance Tax even before probate is granted.
Complete the forms required by the Inland Revenue Capital Taxes Office so that it can be established whether any Inheritance Tax is due.
Be very careful completing the forms, as there can be massive penalties if the Inland Revenue finds out more tax should have been paid; you could end up paying the tax penalties personally.
Again, I appreciate we covered this in Chapter 1, but for ease you can complete the probate forms manually and send via the postal service or you can apply online at the GOV.UK website here. You will also be able to find instructions on how to apply by post on the same webpage.
It is common for more than one executor to be named in a will, but not all of the executors need to apply for probate.
A maximum of four people can apply to the Probate Registry to prove a will and be named on the grant of probate.
Executors may give up their rights to Probate or reserve the right to act (called Power Reserved) to apply for Probate in the future.
This requires more thought than is often given. This option is often used when the Executors live in different parts of the Country or don’t have the time.
Only the Executor(s) who apply will be named on the Grant and only their signature will be required to release the deceased person’s assets for transfer or sale.
It is sensible to have at least two Executors named on the Grant. If you are dealing with property with just one executor it can be harder.
If some executors choose not to be involved in the probate process and administration of the estate, they have a couple of choices:
Renounce their role altogether. The form for this is PA15 and can be found on the GOV.UK website here
Have a ‘Power reserved’ to them, which means they can step back in later if they choose to. You will need to tell the person who is making the probate application, in writing, that you are holding power reserved. More on this here at the GOV.UK website.
If the person entitled to the Grant has already signed an Enduring Power of Attorney (EPA) or a Lasting Power of Attorney (LPA) file the original document with your application.
Please note that any authority conferred by a Power of Attorney dies with the person. The Executors then need to take over and apply for their own authority via the Grant of Probate.
No, but you should refuse to accept the appointment before you act or delegate the work via a probate provider as once an Executor has started any of the duties they cannot be removed or resign (see above).
So, if you have appointed a solicitor or bank, or they are listed on the will as the executor they may refuse to be removed unless their full fee is paid – even if they have done no work. Although they won’t get away with this approach in most circumstances if you push the matter.
You don’t have act as the Executor alone, up to four Executors (if that many have been appointed) can act together.
In most cases, one or two will do the work, as long as the others are happy with this.
Historically, people applying for probate would have had to swear an oath in front of an independent solicitor.
Thankfully the government changed those rules in November 2018 (you can find out more here). People applying for probate now need to complete a statement of truth, which can be done online.
Once you have completed the statement of truth, providing the case is straightforward, you should receive the grant of probate within 10 working days.
Copies of the Grant of Probate should be sent to everyone who owes money to the Estate. The Executors now have the authority and an obligation to pursue any debts due to the estate. So, make sure you order plenty of copies, they aren’t very expensive.
When the Grant of Probate has been received and enough money collected, the debts can be paid.
When you are sure the debts have all been paid, the Estate can be divided according to the Will, which you will need to interpret correctly. Sadly, many executors don’t understand the Will and things can go badly wrong when those they have (in effect) stolen from see the Will, which is then publicly available.
You must prepare and sign accounts showing who has received what from the distribution.
You must be able to show that you acted in accordance with the terms of the Will in case anyone attempts to make a claim against the Estate.
If you are unfortunate enough to have an undischarged bankrupt amongst the beneficiaries, you could be in for a few problems. You should check before paying anything out. If you do have this issue, speak to an accountant.
As settling the debts and then distributing the estate can be a complex affair, you may wish to seek professional advice.
Lastly, all papers including the Grant of Probate and the accounts must be stored safely for a period of 12 years.
In chapter 4 of our Probate Explained guide, we talk about the liabilities of executors.
As an executor there are many examples of where you could be held personally liable.
If there are multiple executors, you could all be jointly liable for the actions of one of you.
Liability for mistakes.
Executors can be held liable for any mistakes they make in carrying out their duties. This could include:
Incorrectly calculating the value of the estate including assets, investment, and property.
Paying incorrect taxes to the HMRC.
Failing to pay any outstanding debts and final bills.
Failing to distribute the estate correctly to the beneficiaries.
Failing to insure any property correctly
Liability for inheritance tax.
Getting this right is crucial. If you underpay, you may be liable to pay the difference to the HMRC. If you overpay or incur penalties for late payment, you are also personally liable. This usually entails reimbursing any beneficiaries who are out of pocket as a result.
Liability for claims against the estate.
If someone makes a claim against the estate, the executor may be personally liable for:
defending the claim and paying the legal fees
paying any award
paying any out-of-pocket expenses
This is why you need to exercise your role with care. Your actions could have legal and financial consequences for you and others, including:
Other executors or administrators involved in the estate;
The beneficiaries
Equally, the actions of other executors could also expose you.
You can read more in our detailed guide to Executor Insurance.
In chapter 5 of our Probate Explained guide, we talk about some top Probate tips:
Registering the death
Arranging funerals
Avoiding Intermeddling
The Will
Considerations for Trusts or beneficiaries under 18
Deed of Variation
Claiming allowances
Selling a house in probate
Ask for extra copies of the Death Certificate to speed the work of Probate. Most creditors will want to see the Death Certificate before they will give the Executors any information at all.
When you do send the Death Certificate to banks, insurance companies etc, many will take weeks to return it, and some never will.
It costs more to get further Certificates afterwards than it does to get extra at the time, especially if you are employing a probate provider to do this for you. We would typically suggest 6 to 10 copies, or more if the Estate is complicated.
use the Tell Us Once Service which notifies all relevant Government Departments of the death in one go. It will save you a lot of time.
a) The Undertaker – read b) before acting.
Most Undertakers are part of big national chains, despite the names on the door, which may mean that they are under some pressure to hit sales targets.
Just make sure that you are aware of all the options and don’t be guilt tripped or railroaded into going for more expensive options you don’t want.
More time spent on ways to make the funeral as pleasantly memorable as possible – we often find that giving away small remembrances is very positive.
b) Paying for the Funeral
Many people with foresight arrange pre-paid funeral plans, so you should check to see if you can find any relevant documentation.
Others arrange insurance plans that provide a lump sum towards the funeral, the most common of which is Axa Sun Life. Common plans are Golden Charter, Golden Leaves, Co-Op, Dignity etc.
You can find a list of funeral providers on The Funeral Planning Authority website.
Most banks will pay for the funeral out of the deceased’s bank account or savings account if
there is sufficient money, so it is always worth asking, as it avoids the family feeling they have to find the money themselves at what may not be the easiest of times.
But don’t expect the bank to pay if the bill has already been paid, or to allow for a wake – they won’t and you will end up footing the bill, at least in the short term.
If you or the deceased cannot afford a funeral, check out the guide on GOV.UK about getting help with funeral costs, you may be able to claim for some the funeral expenses.
If you are not the properly appointed Executor in the Will, or there is no Will, then you can lumber yourself with the job and associated liabilities by acting as if you were the Executor.
The legal term is “intermeddling.” Acts of charity, humanity or necessity are usually OK, for example arranging the funeral (see previous tip) ordering food for dependents etc. as is moving property into a safe place.
Going beyond this can make you liable and, if you are an Executor, make it impossible for you to stand down. So be very careful to do the minimum that is essential at this stage.
I appreciate we have covered this in Chapter 4, but it is worth reminding you again.
Remember that the Executors retain a permanent and personal liability for any mistakes they make, for example, making an incorrect tax return, or not tracking down a beneficiary.
If you foresee any difficulties, complexity or have concerns, you should ask for the help of a professional Probate Provider.
Just over half of us have a valid Last Will and testament when we die.
A substantial number of Wills are never found, and many are never signed correctly (which means they are not valid).
If there are overseas assets, you have to be especially careful that an overseas Will does not exist which might have cancelled the UK Will. This is not uncommon.
If you can’t find the Will, ask the local Law Society to circulate their members with the name, address and date of birth of the deceased and the Society of Will Writers (01522 687 888) to do the same.
It won’t always work, but you do need to try.
Some Wills are stored by the Principal Probate Registry whose details can be found along with other suggestions at Will Custodian Ltd.
This means a Trust will automatically be created which complicates matters, so you should seek assistance from a probate professional.
If the Trust runs past the age of 18 life gets more complicated still.
Trusts are a part of everyday legal planning:
To protect children, at least until they are 18
For tax planning purposes
To protect homes from being sold by Local Authority to pay care fees
To avoid disputes from people claiming dependence on the deceased – an increasingly common issue which can cost a fortune to defend against.
Very often the institutions will be the ones who insist that a full Grant of Probate is applied for.
Many life insurance policies are written in Trust, which means that the policy has been earmarked for certain beneficiaries and is controlled by the appointed Trustees. This will usually mean that it is not part of the estate for Probate purposes.
If you can’t find a copy of the Trust Deed, ask the persons IFA or the life company for a copy, though they will probably want a copy of the Will and an original Death Certificate before they will give you a copy, especially if you are not one of the Trustees.
Not all life policies are in Trust – some older ones are “assigned” to the mortgage lender, often a lender who no longer exists or who no longer has a mortgage on the house.
If you are lucky and the policy is assigned, sending the Death Certificate may wipe out the mortgage.
That said, very few life policies are assigned these days, and if they are neither assigned nor in Trust they may well just form part of the Estate, except where they are Joint Life policies where generally the proceeds will go to the survivor if it is not in Trust.
Many investments are (legally) life policies – normally known as Investment Bonds – so the same may apply to them. If in doubt, ask your Independent Financial Advisor.
You may be able to get a one-off payment or regular payments if you have been bereaved.
A Bereavement Payment is a one-off lump sum based on your late husband or wife’s national insurance (N.I.) contributions.
It used to be called Widow’s Payment.
A Widowed Parent’s Allowance is a regular payment which you may be able to get if you are a parent whose husband, wife or civil partner has died and you have a dependent child or young person (aged 16 and under 20) for whom you receive Child Benefit.
It used to be called Widowed Mother’s Allowance.
Bereavement Payment, Bereavement Allowance and Widowed Parent’s Allowance are available in England, Scotland and Wales only. You can find out more here on the GOV.UK website.
You can market the house before Probate, but you will need Probate to be finalised before you can exchange contracts and complete on the sale.
If the deceased has a surviving partner or spouse who jointly owns the property and their name appears on the title deeds, the property can be sold.
If the deceased was a joint tenant, meaning none of the joint tenants involved owned a specific share of the property, then the property is automatically transferred to the surviving joint tenant, meaning no probate is needed if it’s sold
This differs from tenants in common, where each tenant in common owns a specific share of the property, so the deceased’s share will pass onto the person who is entitled to it according to the will, or Rules of Intestacy if there’s no will. This means probate will be required.
If you are in any doubt, you should seek professional advice, particularly if there is Inheritance Tax due.
In chapter 6 of our Probate Explained guide, we will simply list out some of the terms frequently used in probate.
Whilst we have resisted to use jargon, or hopefully removed it from this guide, you may still encounter it when dealing with professional probate providers.
We hope these tips help you.
The process of distributing assets and funds turn beneficiaries overseas to stars in their eyes documents is anyone in their family was intestacy.
Someone who is appointed when executors are not named in the will or if a named executor does not want to be responsible for the probate process. The administrator can also be the next of kin where the person has died without making a will.
A generic term for everything which the deceased owns including property, shares, money, goods and chattels etc.
A person who receives assets will have been left to them through a will or by the rules of intestacy.
A chattel includes all property that is not real estate and not attached to real estate. Examples included everything from leases, to cows, to clothes. Chattel often refers to tangible movable personal property. You might sometimes see the term Goods and Chattels which is the same thing.
A written statement which makes changes to an existing will.
People or businesses who owe the deceased money.
A legal document which enables the beneficiaries to make changes to the will, even after the death of a person.
All the assets owned by the deceased including property, stocks and shares, money, goods and chattels.
Financial accounts that document what monies have been received and paid by the estate. The estate accounts also identify what assets and funds have been and are now due to be paid to the beneficiaries.
A person identified in the will to administer the deceased’s estate.
The legal document that is produced following the grant of representation which enables the personal representatives to administer the estate.
The grant giving the personal representatives the right to handle all the deceased’s legal and financial affairs, such as: selling or transferring property; accessing bank accounts; calculating and paying what tax is due; identifying what debts are outstanding and what money is owed; and distributing the estate.
Tax to be paid to Her Majesty’s Revenue and Customs where the value of the deceased’s estate is above the current inheritance tax threshold.
When a person dies without leaving a will.
The grant which is given to personal representatives to administer the estate in the absence of a valid will or executors who will take on the estate administration.
Where the deceased’s property and assets are sold to generate money to pay taxes, creditors and to distribute to the beneficiaries.
The deceased’s closest living relative(s).
A general term given to executors or administrators who are responsible for the probate process.
The legal and financial process which occurs following a person’s death. Sometimes referred to as ‘administering the estate’, probate deals with the deceased’s property, finances and personal belongings.
A legal document detailing how a person wants his or her estate to be dealt with after death.
Here are the answers to a number of questions commonly asked during Probate. You should not view the answers as advice. If you need help, you should find a qualified probate practitioner who can provide advice.
Probate is the legal process of administering the estate of a deceased person. It involves identifying and collecting the deceased person's assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries or heirs according to the terms of the will or applicable state laws.
Probate is necessary when a person dies with a will or without a will (intestate). If the deceased person had a will, the probate process involves proving the validity of the will in court and carrying out the instructions specified in the will. If the deceased person did not have a will, the probate process involves determining the legal heirs and distributing the assets according to the laws of the state where the deceased person lived.
The probate process is typically handled by the executor or administrator of the estate, who is responsible for overseeing the process and making sure that the terms of the will are carried out. In some cases, a probate court may be involved to resolve disputes or oversee the process.
The time it takes to obtain probate in the UK can vary depending on a number of factors, including the complexity of the estate, the number of beneficiaries, and whether the will is being contested. On average, it can take anywhere from several weeks to several months to obtain probate, although it can take longer in some cases.
There are a few steps involved in the probate process, and the length of time it takes to complete each step can vary. Some of the steps that may be involved in the probate process include:
Gathering and valuing the assets of the deceased: This involves identifying all of the assets that the deceased owned, such as property, savings, and investments, and determining their current value.
Paying any debts and taxes: Any debts or taxes owed by the deceased must be paid out of the estate before the assets can be distributed to the beneficiaries.
Applying for a grant of probate: The executor(s) of the will must apply to the probate registry for a grant of probate, which is a legal document that confirms the validity of the will and allows the executor(s) to administer the estate.
Distributing the assets: Once the grant of probate has been obtained, the executor(s) can begin the process of distributing the assets of the estate to the beneficiaries.
It is important to note that the probate process can be complex and time-consuming, especially if the estate is large or if there are disputes or complications. It is always advisable to seek legal advice if you are unsure about the probate process or if you have any questions.
In many cases, probate is required when a person dies with a will. Probate is the legal process of administering the estate of a deceased person, and it involves proving the validity of the will, identifying and collecting the assets of the estate, paying any debts and taxes, and distributing the remaining assets to the beneficiaries or heirs according to the terms of the will or applicable state laws.
However, there are some circumstances in which probate may not be necessary even if there is a will. This can happen if the deceased person's assets are held in a trust or if they are jointly owned with someone else. In these cases, the assets may pass directly to the beneficiaries or joint owners without the need for probate.
It is important to note that even if probate is not required, it may still be a good idea to go through the probate process in order to ensure that the terms of the will are carried out and that the estate is properly administered. An experienced attorney can help determine whether probate is necessary and guide you through the process if it is.
The cost of probate can vary widely depending on a number of factors, including the size and complexity of the estate, the time and effort required to administer the estate, and the location of the probate proceeding.
In general, the cost of probate can include:
Filing fees: There may be fees associated with filing the necessary documents with the probate court.
Attorney's fees: An attorney may be hired to handle the probate process and assist with legal matters. The attorney's fees will typically be based on the amount of time and effort required to administer the estate.
Executor's fees: The executor of the estate (the person responsible for overseeing the probate process) may be entitled to receive compensation for their time and effort.
Other costs: There may be other costs associated with the probate process, such as appraiser fees, accounting fees, and the cost of publishing notices.
It is important to note that the costs of probate are typically paid out of the assets of the estate. This means that the beneficiaries or heirs of the estate will ultimately bear the cost of probate. An experienced attorney can help you understand the potential costs of probate and assist you with managing the expenses of the process.
Whether or not probate is required after the death of a spouse in the UK depends on the nature of the assets that are owned by the deceased spouse and the value of the estate.
In general, probate is required in the UK if the deceased spouse owned assets worth more than £5,000 (this threshold is known as the "probate limit"). Probate is also required if the assets are held in the deceased spouse's name alone and cannot be transferred to the surviving spouse or other beneficiaries without a grant of probate.
If the value of the deceased spouse's assets is less than the probate limit, or if the assets are held jointly with the surviving spouse or in a trust, probate may not be necessary. In these cases, the assets may be able to be transferred to the surviving spouse or other beneficiaries without the need for probate.
It is important to note that even if probate is not required, it may still be a good idea to go through the probate process in order to ensure that the assets are properly administered and to avoid potential legal disputes. An experienced attorney can help you determine whether probate is necessary and assist you with the process if it is.
Probate is the legal process of administering the estate of a deceased person. It involves identifying and collecting the assets of the estate, paying any debts and taxes, and distributing the remaining assets to the beneficiaries or heirs according to the terms of the will or applicable state laws.
Probate is necessary when a person dies with a will or without a will (intestate). If the deceased person had a will, the probate process involves proving the validity of the will in court and carrying out the instructions specified in the will. If the deceased person did not have a will, the probate process involves determining the legal heirs and distributing the assets according to the laws of the state where the deceased person lived.
The probate process is typically handled by the executor or administrator of the estate, who is responsible for overseeing the process and making sure that the terms of the will are carried out. In some cases, a probate court may be involved to resolve disputes or oversee the process.
In the UK, probate is typically required if the deceased person owned assets worth more than £5,000 (this threshold is known as the "probate limit"). Probate is also required if the assets are held in the deceased person's name alone and cannot be transferred to the beneficiaries or heirs without a grant of probate.
Probate is the legal process of administering the estate of a deceased person, and it involves identifying and collecting the assets of the estate, paying any debts and taxes, and distributing the remaining assets to the beneficiaries or heirs according to the terms of the will or applicable laws.
There are some assets that may not require probate in order to be transferred to the beneficiaries or heirs. These can include assets that are held in joint ownership with the right of survivorship, assets that are held in a trust, or assets that have a designated beneficiary, such as a life insurance policy or a retirement account.
It is always a good idea to consult with an experienced attorney to determine whether probate is necessary in your particular situation and to assist you with navigating the probate process if it is required.
Yes, it is possible to track a probate application in the UK. The process for tracking a probate application will depend on the specific circumstances of the case and the jurisdiction in which the probate is being applied for. In general, however, there are a few steps that you can follow to track the progress of a probate application:
Contact the probate registry: The probate registry is the government body responsible for handling probate applications in the UK. You can contact the probate registry to inquire about the status of your application and to find out what steps you need to take next.
Check the status online: Some probate registries allow you to check the status of your application online through their website. This can be a convenient way to track your application without having to make a phone call or visit the registry in person.
Get updates from your solicitor: If you are using a solicitor to handle your probate application, they should be able to provide you with updates on the progress of your case.
Attend court hearings: If your probate application is being contested or if there are other issues that need to be resolved in court, you may need to attend court hearings. These hearings can provide an opportunity for you to learn more about the status of your application and to ask questions about the process.
There are several circumstances in which you may not need to apply for probate in the UK:
The deceased's estate is small: If the deceased's estate (i.e., the total value of their assets) is below a certain threshold, it may not be necessary to go through the probate process. This threshold varies depending on the specific circumstances of the case, but it is generally around £50,000.
The assets are held jointly: If the deceased held assets jointly with another person, such as a spouse or civil partner, those assets will typically pass automatically to the surviving owner upon the death of the other owner. In these cases, probate may not be required.
The assets are held in a trust: If the deceased's assets were held in a trust, the probate process may not be necessary to transfer those assets to the beneficiaries of the trust.
The assets are held in a pension or life insurance policy: Assets such as pension funds and life insurance policies often have a named beneficiary who will receive the assets upon the death of the policyholder. In these cases, probate may not be required.
It is important to note that these are general guidelines and the specific requirements for probate may vary depending on the circumstances of the case. It is always advisable to seek legal advice if you are unsure whether probate is required in your situation.
A grant of probate is a legal document that is issued by the probate registry in the UK. It is essentially a certificate that confirms the validity of a deceased person's will and allows the executor(s) named in the will to begin the process of administering the deceased's estate.
The grant of probate is typically needed when the deceased owned assets in their own name, such as property, savings, or investments. It is also sometimes required to close bank accounts or to transfer ownership of assets, such as shares, to the beneficiaries named in the will.
To obtain a grant of probate, the executor(s) of the will must apply to the probate registry and provide a copy of the will and other supporting documentation, such as a death certificate and proof of the deceased's assets. The probate registry will review the application and, if everything is in order, will issue a grant of probate.
It is important to note that the grant of probate is not always required. In some cases, the assets of the deceased may be held jointly with another person or may be held in a trust, in which case probate may not be necessary to transfer ownership of those assets.
If someone dies without a will in the UK, it is known as dying "intestate." When this happens, the laws of intestacy in the UK will determine how the deceased's assets are distributed.
The laws of intestacy in the UK set out a specific order of priority for determining who is entitled to inherit the deceased's assets. The order of priority is as follows:
Spouse or civil partner: If the deceased was married or in a civil partnership, their spouse or civil partner will be entitled to inherit their assets.
Children: If the deceased had children but no spouse or civil partner, their children will be entitled to inherit their assets.
Parents: If the deceased had no spouse, civil partner, or children, their parents will be entitled to inherit their assets.
Siblings: If the deceased had no spouse, civil partner, children, or parents, their siblings will be entitled to inherit their assets.
Other relatives: If the deceased had no spouse, civil partner, children, parents, or siblings, their assets will be distributed to other more distant relatives according to a specific order of priority set out in the laws of intestacy.
It is important to note that the laws of intestacy do not provide for any provision for cohabiting partners or friends of the deceased. If you are concerned about what will happen to your assets if you die without a will, it is advisable to seek legal advice and consider making a will to ensure that your assets are distributed according to your wishes.
Yes, probate fees can be paid from the estate in the UK. Probate fees, also known as "grant of representation" fees, are the fees that are charged by the probate registry for processing a probate application. These fees are typically paid by the executor(s) of the will out of the assets of the deceased's estate.
In the UK, inheritance tax (IHT) is a tax that is levied on the value of an estate when someone dies. Whether or not you have to pay inheritance tax before probate will depend on the specific circumstances of the case and the value of the estate.
In general, if the value of the deceased's estate is below the inheritance tax threshold (currently £325,000), no inheritance tax will be due. If the value of the estate is above the threshold, inheritance tax may be payable on the amount above the threshold.
In most cases, inheritance tax must be paid before probate can be granted. The executor(s) of the will are responsible for paying any inheritance tax that is due and will typically pay this tax out of the assets of the estate.
It is important to note that there are a number of exemptions and reliefs available for inheritance tax in the UK, and it is possible that some or all of the inheritance tax may be waived in certain cases. If you are concerned about inheritance tax and how it may affect your estate, it is advisable to seek legal advice.
If someone dies without a will in the UK, the process of administering their estate can be more complex and time-consuming than if they had left a will. This is because there is no clear guidance on how the deceased's assets should be distributed, and it may be necessary to follow the laws of intestacy in order to determine who is entitled to inherit.
The length of time it takes to complete the probate process in these cases will depend on a number of factors, including the complexity of the estate, the number of beneficiaries, and whether there are any disputes or complications. On average, it can take anywhere from several weeks to several months to complete the probate process when someone dies without a will, although it can take longer in some cases.
It is important to note that the probate process can be complex and time-consuming in any case, and it is always advisable to seek legal advice if you are unsure about the process or if you have any questions.
Probate property is property that is owned by a deceased person and is subject to the probate process. The probate process is the legal process of administering a deceased person's estate, which includes identifying and valuing their assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries according to the terms of the will (if one exists) or the laws of intestacy (if there is no will).
Probate property can include a wide range of assets, such as real estate (e.g., a house or other property), personal property (e.g., furniture, jewelry, and other possessions), and financial assets (e.g., savings, investments, and other financial accounts).
It is important to note that not all property is subject to probate. For example, property that is held jointly with another person or property that is held in a trust may not be subject to probate. It is always advisable to seek legal advice if you are unsure about whether a particular asset is subject to probate.
Check out our probate house insurance page for more details.
Probate is typically needed in the UK when a deceased person owned assets in their own name that are worth more than a certain threshold. The threshold for when probate is required varies depending on the specific circumstances of the case, but it is generally around £50,000.
Probate is a legal process that involves proving the validity of a will (if one exists) and administering the deceased's estate, which includes identifying and valuing their assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries according to the terms of the will or the laws of intestacy (if there is no will).
There are a few circumstances in which probate may not be required in the UK, such as if the deceased's assets were held jointly with another person or if they were held in a trust. It is always advisable to seek legal advice if you are unsure whether probate is required in your situation.
here are several circumstances in which you may not need to apply for probate in the UK:
The deceased's estate is small: If the deceased's estate (i.e., the total value of their assets) is below a certain threshold, it may not be necessary to go through the probate process. This threshold varies depending on the specific circumstances of the case, but it is generally around £5,000.
The assets are held jointly: If the deceased held assets jointly with another person, such as a spouse or civil partner, those assets will typically pass automatically to the surviving owner upon the death of the other owner. In these cases, probate may not be required.
The assets are held in a trust: If the deceased's assets were held in a trust, the probate process may not be necessary to transfer those assets to the beneficiaries of the trust.
The assets are held in a pension or life insurance policy: Assets such as pension funds and life insurance policies often have a named beneficiary who will receive the assets upon the death of the policyholder. In these cases, probate may not be required.
It is important to note that these are general guidelines and the specific requirements for probate may vary depending on the circumstances of the case. It is always advisable to seek legal advice if you are unsure whether probate is required in your situation.
Yes, it is possible to contest a will after probate. Probate is the legal process of proving the authenticity of a will and administering the estate of a deceased person. During probate, the court will determine the validity of the will and make sure that the assets of the estate are distributed according to the terms of the will. If you believe that the will is not valid or that the assets of the estate are being distributed unfairly, you may be able to contest the will by challenging its validity in court. This can be a complex process, and it is often advisable to seek the advice of an attorney who is experienced in handling will contests and probate matters.
During probate, the assets of the deceased person's estate, including any real property, must be managed by the personal representative or executor of the estate. If the property in question is owned by the estate, the personal representative or executor has the authority to sell it, subject to the terms of the will and any applicable laws.
If you are the personal representative or executor of an estate and wish to sell property that is owned by the estate, you should consult with an attorney to ensure that you have the legal authority to do so and to ensure that the sale is conducted in accordance with the law. If you are not the personal representative or executor of the estate, you may not have the authority to sell the property.
In the United Kingdom, not all wills are required to go through the probate process.
Probate is the legal process of proving the authenticity of a will and administering the estate of a deceased person. In general, probate is required if the deceased person owned assets in their own name, such as real estate or personal property, and the value of those assets exceeds a certain threshold.
The threshold varies depending on the circumstances, but it is generally between £5,000 and £50,000. If the value of the deceased person's assets is below the threshold, probate may not be required. It is also possible to avoid probate in some cases by transferring ownership of assets to a trust or by designating beneficiaries for certain types of assets, such as bank accounts or insurance policies.
The length of time it takes to distribute the funds of an estate after probate depends on a number of factors, including the complexity of the estate, the number of beneficiaries, and any disputes that may arise.
In general, the probate process can take several months to a year or more to complete.
After the will has been proved and the assets of the estate have been identified and valued, the personal representative or executor of the estate is responsible for paying any debts and taxes owed by the estate and distributing the remaining assets to the beneficiaries.
This process can take additional time, especially if there are disputes or other complications.
The personal representative or executor should keep the beneficiaries informed about the progress of the estate administration and should distribute the funds as soon as possible after all of the necessary steps have been completed.
Inheritance Tax, or IHT as it is also known, is the tax that is charged on the value of a deceased person’s Estate. The tax paid is charged at a rate of 40% when the value of the Estate is above the Inheritance Tax threshold. You can find out the current rate here - https://www.gov.uk/inheritance-tax
The single person’s Inheritance Tax threshold in the UK is £325,000.
That means tax must be paid when the value of an Estate is above this amount.
The rate is calculated at 40% of anything over the £325,000. As an example: If an estate is worth £500,000, then Inheritance Tax would be payable by an individual on the £175,000 over the Inheritance Tax threshold of £325,000.
At a rate of 40%, this would equal £70,000. In the 2019/2020 tax year the average Inheritance Tax bill was over £220,000, an increase on previous years. These rates are representative of a single person’s Inheritance Tax allowance and there are different rules for married couples and those in civil partnerships.
If there is a Will: The Executor is usually liable to settle the Inheritance Tax bill.
If there is no Will: The responsibility for the payment of Inheritance Tax will fall to the Administrator (Personal Representative) of the Estate.
Once the Inheritance Tax has been settled, the Executor or Administrator can apply for a Grant of Probate and thereafter distribute the estate to beneficiaries.
The Inheritance Tax exemption rules for couples can be confusing.
Married or registered civil partners do not have to pay any Inheritance Tax on any asset left by their spouse.
When the second partner dies, the Estate qualifies for a married couple’s transferable allowance, which is the sum of two single people’s allowance, or £650,000 (providing none of the IHT threshold was previously used).
The person who then inherits this Estate is only liable to pay tax on anything over the £650,000. This extra transferable element is known as Transferable Nil Rate Band (TNRB).
There is no specific Inheritance Tax allowance or exception for cohabiting couples.
If you’re not married, but own assets jointly, the situation can get complicated, especially where property is concerned.
If you are joint tenants – meaning you both own all the property – and your partner left you everything in their Will, you would have to pay a 40% tax bill if the assets (including the property) exceed the single person Inheritance Tax threshold of £325,000. After your partner’s death the property would be owned by you in its entirety.
If there was no Will, the property can still be transferred to you through the ‘right of survivorship’ and the same Inheritance Tax rules would apply.
However, without a Will, any family members of your partner would have a right to claim their share of other assets left. In this case, administrators would be responsible for paying the tax bill.
IHT is paid on the total value of the Estate left by the deceased.
This includes bank accounts, pensions, properties, jewellery, vehicles, shares, jointly owned assets, and pay-outs from insurance policies.
However, Inheritance Tax is worked out using the net value of the Estate.
If debts, such as mortgages, funeral expenses, other taxes or expenses incurred in managing the Estate, need to be paid, then you’ll only pay IHT on the remaining amount that exceeds the Inheritance Tax threshold.
For example: If an Estate is worth £600,000 in total and there is £150,000 left to pay on a mortgage, plus £10,000 funeral expenses, then you’d need to pay Inheritance Tax on the remaining amount that’s above the threshold.
In this case it would be payable at 40% of £115,000 (£46,000), assuming a single person Inheritance Tax threshold of £325,000.
Like the rest of an Estate, this depends on the value.
Children or grandchildren that inherit a house also might not need to pay tax, as long as the value is under a certain amount.
If the house that was the primary residence of the deceased has been left to direct descendants, then they can access a further tax-free allowance of up to £175,000 per person, which is in addition to the £325,000 single person Inheritance Tax threshold. This is called the ‘Residence Nil Rate Band’ (RNRB) and it can be passed on to children and grandchildren only.
This means that Inheritance Tax may not be due on the first £500,000 of the Estate per individual. If the Estate passes to the surviving spouse, there is then a different allowance for Inheritance Tax when the second parent dies.
Where the main property is left to direct descendants (or where they are to jointly own the property with their spouse), it is possible to have up to £1 million in tax-free allowance (£325,000 per person nil rate band and £175,000 per person RNRB).
However, the £175,000 RNRB allowance only applies if the Estate that’s been left is worth less than £2 million. On Estates that are worth more than £2 million, the RNRB allowance will decrease by £1 for every £2 above £2 million that the deceased’s Estate is worth.
If the property has been left to Beneficiaries who aren’t direct descendants of the deceased, then a tax bill of 40% will be liable for anything over the £325,000 single person Inheritance Tax allowance.
You do not pay tax on cash gifts, but there are strict rules.
Besides, you may pay income tax on any additional income that arises from the gift, such as bank interest.
While someone is still alive, they can gift as much as they want, to anyone they want, in the form of ‘potentially exempt transfers’ (PETs).
However, if that person passes away, those gifts (or PETs) can then be included in the Estate of the deceased person.
Under the current rules, if the gift is given before death, and the donor lives for more than seven years after any assets were given, it will be IHT exempt.
However, if the donor dies sooner, tax will be charged on the gifts at various levels if the Inheritance Tax threshold is reached:
Within 3 years of giving the gift – 40%
Within 3 to 4 years – 32%
Within 4 to 5 years – 24%
Within 5 to 6 years – 16%
Within 6 to 7 years – 8%
After more than 7 years – 0%
Gifts use up the Inheritance Tax threshold before other assets such as property and values are calculated as what they were worth at the time of donation. Inheritance Tax must be paid on all gifts above the threshold if they are not exempt.
The following are exempt from IHT:
Gifts to your spouse or civil partner
Gifts to charities
Multiple gifts up to £250 a year to any other person
Payments to help an elderly relative or minor with living costs
Gifts worth in aggregate £3,000 or less in any tax year (excluding any £250 gifts, provided they are not to the same person)
Gifts made seven years or more before the giver died
When a couple marry, people are also allowed to give the following wedding gifts without the money being included in the giver’s estate:
Parents can gift cash up to £5,000
Grandparents can gift up to £2,500 each
Lots of estates are asset-rich and cash poor.
This means they are at threat of being ‘locked’ because Inheritance Tax in the UK has to be paid within six months of death.
When it comes to property, the only way to pay the Inheritance Tax (IHT) bill is from personal funds or with a traditional personal bank loan, as the property cannot be sold until the IHT has paid in full.
Unfortunately, this is a common occurrence and is a classic ‘chicken and egg’ situation. The Executor (you) or Administrator needs the Grant of Probate before they can start disposing of the Estate assets in order to generate money to settle the IHT bill.
However, it is not possible to get the Grant of Probate until the IHT is paid.
In certain circumstances, assets such as property might take longer to sell. In this case, you can pay for your Inheritance Tax in annual instalments over 10 years, with the first due six months after the person’s death. You’ll only be liable for interest on that Inheritance Tax payment if you pay late. If you can’t afford to pay the Inheritance Tax in full, then interest will be charged on the total value of both the outstanding tax plus any instalments that haven’t been paid on time. Once you have sold the assets, any outstanding balance must be paid in full.
Whether you are looking to DIY probate or use a professional advisor, we hope this ‘Probate Explained’ guide has been useful to you.
We are always looking to improve our content, if you have question that hasn’t been covered in this guide please contact us or start a chat. We will find the answer, let you know and improve our guide as a result.
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Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.
Please Note: Our broking team at SJL Insurance will need to talk to you to discuss your requirements. This is an advised service.