HOW TO GET A GRANT OF PROBATE


Adrian Chambers - Law For LifeHello, My name is Adrian Chambers and I’m a solicitor with Law for Life. Welcome to our web pages relating to Estate Administration. If you have suffered the loss of a loved one and need help in administering their estate and in obtaining Probate then we can help.

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HOW TO GET A GRANT OF PROBATE


PROBATE Unless the estate is small and under £5,000.00, banks, Building Societies, insurance companies and other similar organisations will not hand over the deceased’s assets to the Personal Representative without an official document, Grant of Probate, from the Probate Court. The Grant of Probate provides legal authority to the Personal Representatives to administer and distribute the deceased’s estate.

A Grant of Probate, is if there is a Will, or a Grant of Letters of Administration, if there is no Will. To obtain a Grant of Probate, the Court will normally require:

(1) The original will (if there is one),

(2) The application form (the PA1), signed by the Personal Representatives,

(3) An account for the Inland Revenue (IHT 205 or 400),

(4) A receipted invoice from the Inland Revenue that any Inheritance Tax has been paid.

WHAT IS A GRANT OF PROBATE? The phrase “Grant of Probate” is a general term that is often used to describe obtaining a “Grant of Representation”.

Grants of Representation are generally referred to as either Grants of Probate if there is a will or Grants of Letters of Administration if there is no will.

If the value of the Estate exceeds £5,000, then it may be necessary to obtain a Grant of Probate or a Grant of Letters of Administration  from the court. The Grant of Probate or the Grant of Letters of Administration is the legal authority given by the court to enable the deceased’s Estate to be distributed accordingly.

What are the three main types of Grant of Probate :-

– Grant of Probate
– Grant of Letters of Administration
– Grant of Letters of Administration with Will

APPLYING FOR A GRANT OF PROBATE There are various forms to complete some of which are quite lengthy to obtain a Grant of Probate. If a Personal Representative applies without using a Solicitor then one way to do this is to telephone the local Probate Court and ask that they send through all the appropriate forms and a guide on how to complete them. The court will want to interview the personal representative making the application for the Grant of Probate.

Once the Probate Court is satisfied that the Grant of Probate application is all in order then it will issue an official Grant of Probate along with a number of sealed copies. We can sort this all out for you if you wish.

PROBATE PA1 FORM This is the main application form to obtain a Grant of Probate and it needs to be carefully completed. If you choose not to use our online forms then it is useful that the guidance Leaflet PA1A is read very carefully both prior to and at the time of completing the PA1 form.We can help you complete a PA1 Application form quickly and easily.

INLAND REVENUE TAX FORM There are different tax forms to complete depending on the value of the estate and whether or not inheritance tax is payable. If no inheritance tax is payable then you will need to complete IHT 205. If inheritance tax is payable you will need to complete an IHT400 form although ideally really should seek legal advice at that stage.

SENDING THE APPLICATION OFF TO THE COURT Once you have all the Grant of Probate forms completed and signed they then need to be sent off to the court.You need to send off the following:

1. PA1 Application From

2. Original will

3. IHT 205 (or IHT400) Inland Revenue Form

4. Death Certificate (original not a photocopy)

5. Application Fee – Cheque payable to “HM Courts and Tribunals Service”

6. A receipt from the Inland Revenue for any inheritance tax that may have been paid

You need to send them off to your nearest Probate Court. Please see the end of this guide for details. Once the court receives your Grant of Probate application it will want to check it through and if there are any questions they will contact you. The court might want you to complete some further documents or contact other people.

COURT INTERVIEW If you are dealing with the application for a Grant of Probate yourself on a DIY basis then once the court is happy with the application they will write to you and ask you to attend a short interview at the court location you have chosen. They will ask you various questions and check the information you have put on the Grant of Probate form is correct. They will then ask you to sign and swear the form in front of the interviewing officer on a religious book of your choice.If you have instructed a firm of solicitors to deal with the legal work then you will not have to attend an interview. You will need to take along to the interview some photographic identification such as your driving licence or passport.

ISSUE OF THE GRANT OF PROBATE If the interview with the Personal Representative is successful then the court will then send out in the post the original Grant of Probate with a number of sealed copies and return the original death certificate.The Personal Representative will then have legal authority to administer and act on behalf of the deceased’s estate. The Personal Representative will be able to contact any organisation where the deceased held assets and legally arrange for them to be released.