The process of obtaining a Grant of Probate
Following a bereavement, the Executor (if there is a Will) or Administrator (if there is no Will) is responsible for applying for probate. By obtaining the Grant of Probate from the Probate Registry, the Executor or Administrator has the authority to act in the administration of the estate. There is a set government fee of £273 for all applications if the value of the estate is £5,000 or over.
Probate is required by law when the deceased leaves a valid Will and owns a property in their sole name. However, it will not be needed if the assets were held jointly, as they will pass to the surviving spouse or civil partner. It is also needed if a financial institution requires it to release funds. The thresholds for requiring probate vary between institutions and are subject to change. If there is no Will, a close relative of the deceased can apply for Letters of Administration, which gives the same authority as a Grant of Probate.
Obtaining probate consists of making sure you have the Will, death certificate, and correct Inheritance Tax form; submitting the probate application; and completing a statement of truth. In the best-case scenario, applications take around 8 weeks to be granted once submitted. However, errors can delay the process. Applying online is generally quicker than a paper application.
Seeking professional advice is wise, but this doesn’t need to be from a Solicitor. You can instruct a probate and estate administration specialist to deal with the application process or the full administration on your behalf. It’s best practice to look for a clear, fixed fee based on the work involved, rather than a percentage of the estate’s value. You can also choose to handle everything yourself, but this is a time-consuming role that involves complicated legal work and puts you at personal liability for any mistakes.
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8 July 2022
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