Probate Explained

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.

What is included in this guide

Introduction

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. 

Chapter 1: What is Probate

Insuristic Probate Explained

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

What is Probate?

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.

How many copies of a grant of probate are required?

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.  

How long does probate take?

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.

How much does probate cost?

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).

Chapter 2: Applying for Probate

Grant of Probate

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

Where do I get probate forms from?

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

When should I apply for Probate?

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.

Who can apply for probate?

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).

Is a grant of probate always required?

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.

How do I find probate records online?

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.

What is the procedure if there is no will?

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.

Is there a time limit to apply for probate?

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.

Chapter 3: The Duties of Executors

Duties of an Executor

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. 

Insure the Property of the Deceased.

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: 

Register the death of the Testator (the person who has died).

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.

Arrange the funeral

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.

Find the will

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.

Request the necessary forms

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.

Arrange to open a Personal Representatives bank account

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.

Inform all relevant persons and organisations.

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.

Arrange for a valuation of the Estate.

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.

Draw up a full schedule of debts

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.

Consider Inheritance Tax

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 Inland Revenue Forms

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.

Apply for Probate

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.

Do all Executors of a Will have to apply for probate?

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.

What if I don’t want to apply for 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:

  1. Renounce their role altogether. The form for this is PA15 and can be found on the GOV.UK website here

  2. 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.

Do I have to be an executor?

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.

What happens after I have applied for probate?

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.

Chapter 4: What are the potential liabilities of an executor?

Insuristic Liabilities of an Executor

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.

Chapter 5: Probate Tips

Guide to Probate

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

Register the death as soon as possible

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.

The Funeral

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.

Avoid Intermeddling

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.

Consider your potential liabilities

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.

The Will

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.

A will with Trusts or Beneficiaries Under 18

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.

Life & Pensions - Claiming the Benefits

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.

Claim Bereavement Payment, Bereavement Allowance or Widowed Parent's Allowance

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.

 Can you sell a house before probate?

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.

Chapter 6: Frequently used Probate terms

Insuristic Frequently Used Probate Terms

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.

Frequently Asked Questions

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.

Conclusion

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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Get a painter and decorator insurance quote

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Get a Pub or Bar Insurance Quote

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Get a plumbing and heating engineer insurance quote

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Get an Unoccupied Property Insurance Quote

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Occupied House Insurance During Probate

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Arrange a call back

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