Probate gives you the legal right to deal with a person’s property, money and possessions (their estate) after they’ve died. The person(s) dealing with the estate are called executors. Up to four executors can be named in a will, and the maximum number who can apply for probate is also four. While more than one executor may be appointed, they must all agree on who will be the primary applicant for the probate application, and only one application can be submitted for the estate.
Apply for the grant of probate
As an executor, you can apply for probate in England yourself, use a solicitor, or appoint another person licensed to provide probate services.
If there’s inheritance tax to pay, normally you’ll have to pay at least some of it before you’ll be granted probate.
You’ll usually receive the grant of probate within 4 weeks of sending in your documents.
Apply for probate online
You can apply for probate online if you’re the executor and you:
- have the original will to upload (if there is no will see Letters of Administration below)
- have the original death certificate or an interim death certificate from the coroner to upload
- have already reported the estate’s value for inheritance tax to HMRC
You’ll need to send the original will by post after you submit your online application. No additional copies of the will are required.
Full documentary proof of all of the assets owned will be needed as well as details of any debts owed. This is so that the estate can be properly valued and any tax due calculated.
Inheritance Tax
The executor must complete the appropriate Inheritance Tax Form and pay any inheritance tax due. Most people ask banks, building societies or National Savings & Investments to use funds from the deceased person’s accounts to pay some or all of the inheritance tax. This is called the Direct Payment Scheme.
Inheritance tax can be complex, and the executor is personally responsible for paying it, so you may wish to use a professional to complete inheritance tax accounts. Any legal costs can be taken out of the estate if required.
Inheritance tax must be paid no later than 6 months from the end of the month in which the deceased died.
Apply for probate by post
If you are applying for probate by post, use Form PA1P: Apply for probate
Send completed forms with the original will and the death certificate.
Letters of Administration
If a person dies intestate (without leaving a valid will). The rules of intestacy determine the order in which people may take responsibility to administer the estate of the deceased
These are each in turn:
- the married partner or civil partner of the deceased
- a child of the deceased (including adopted children, but not step-children)
- a parent
- a brother or sister
- a grandparent
- an uncle or aunt
Letters of Administration are not always needed. In the case of a very small estate or where jointly owned property passes on to others automatically on death, or where there is only cash savings or Premium Bonds, no application will be required.
Letters of Administration will be needed where the deceased owned property which is not held as a joint tenant with others or where there are savings, investments and other assets in excess of five thousand pounds. Before applying for Letters of Administration the estate will need to be properly valued. Inheritance Tax may be payable and generally some of the tax due will have to be paid before Letters of Administration can be granted.
How to obtain Letters Of Administration
To obtain Letters of Administration, a Form called a PA1A must be completed. This needs to be sent to the nearest district probate registry along with the death certificate.
Full documentary proof of all of the assets owned will be needed as well as details of any debts owed. This is so that the estate can be properly valued and any tax due calculated. The correct Inheritance Tax Form has to be sent at the same time.
There is an application fee to pay (the latest fees are published by HMCTS in a document called the PA3 ) and a small additional fee is payable for each copy required. It is sensible to have some extra official copies of the Letters of Administration for each institution you need to deal with in order to save time. This means not having to wait for the document to be returned each time before sending it on elsewhere.
The application for Letters of Administration can be made online or by post. The application will usually take between 10-20 days to process but there can be significant delays caused by the workload of the Probate Registries. Often there can be backlogs of many weeks.
Placing a deceased estates notice
As an executor, you are responsible for dealing with any claims against the estate. After you receive a grant of probate, the law recommends you place a deceased estates notice in The Gazette and a local newspaper to find creditors who are owed money by the estate
Placing a deceased estates notice demonstrates that enough effort has been made to find creditors before distributing an estate to its beneficiaries (the people who will inherit the estate). This protects the executor from being personally responsible for money owed to any unidentified creditors.
Finalising the estate
Collect the assets
If you are an executor of a will, it’s a good idea to open a bank account on behalf of the estate. You can then start to collect the money and property from the estate in the newly opened bank account.
Banks and other institutions will only transfer money from the deceased’s bank account into the executor’s account once a grant of probate has been issued.
Pay any debts and taxes
There is a set order of priority for paying off debts:
- funeral expenses, if not previously paid
- taxes that are due
- creditors, such as loans, mortgages, and outstanding debts
- beneficiaries, if there is a will and no unpaid creditors have come forward
Keep a record of all accounts
The next step is for the executor to prepare the final estate accounts, with a summary of:
- the value of the assets in the estate on the date the person died
- how much they owed when they died (the liabilities)
- any income received during the period of administration (the period between deceased’s death and the distributing of the estate)
- the changes in asset value (such as an increase in a property price)
- administrative expenses during the period of administration
- who has inherited what (the distribution of the assets)
You should send a copy of the final accounts to each of the main beneficiaries. It’s a good idea to ask them to sign and return a copy.
Distribute the estate
Once all debts and taxes have been paid, you can distribute the estate as detailed in the will (or according to the law if there is no will). However, it is recommended that you wait to distribute the estate until:
- it’s been 2 months and 1 day since you placed a deceased estates notice in The Gazette if the deceased lived in England or Wales, or the latest claims date if another notification has been published elsewhere – so any unknown creditors have had to time to come forward
- it’s been 6 months since you placed a deceased estates notice in The Gazette if the deceased lived in Scotland – so any unknown creditors have had to time to come forward
- it’s been at least 10 months since you applied for probate – to make sure any inheritance claims haven’t been made
Can Ashford Advice help with probate
Ashford Advice do have a solicitor who may be able to assist, however under SRA rules our solicitor is not permitted to give legal advice or make a solicitors application. If you would like a solicitor to make the application there is further advice on our website