Applying for Probate: UK Guide to Process and Tax

What Is Probate?

Probate is a legal process in the UK that gives someone the authority to manage and distribute a deceased person’s estate. This includes handling their money, property, debts, and possessions.

If the person who died left a will, probate allows the executor(s) named in the will to carry out their duties. The legal document issued in this case is called a Grant of Probate.

If there is no will, the process is slightly different. In such cases, the law decides who is responsible for managing the estate. This person applies for Letters of Administration, a legal document that gives them similar authority.

Before applying for probate, you should know;

• When probate is required
• Your eligibility
• If there is inheritance tax involved

When Is Probate Required?

Probate is usually required if the deceased person’s estate includes:

• Property or land owned solely by them.
• Large amounts of money in bank accounts or investments held in their name (usually above ￡5000).
• Assets that require a legal grant to be released by financial institutions.

When Might Probate Not Be Needed?

• Assets are held in joint accounts or jointly owned property. These often pass directly to the surviving owner.
• The estate is small and banks or institutions have their own thresholds for releasing funds without probate.

We recommend you check with relevant institutions (banks, building societies) to confirm their requirements and probate threshold.

Eligibility To Apply

Who can apply for probate depends on whether the deceased left a will or not:

1. If there’s a will The executors named in the will are responsible for applying for probate. They will receive a Grant of Probate, giving them the authority to manage the estate.
2. If there’s no will When no will exists, the process follows the rules of intestacy. The closest living relatives can apply for Letters of Administration. Typically, this includes a spouse or civil partner, children, or, if none, other next of kin.

Inheritance Tax (IHT)

Before probate is granted, you also need to consider whether inheritance tax applies to the estate.

IHT Thresholds

Inheritance tax is charged at 40% on estates worth more than ￡325,000. However, this threshold can increase if:

• The estate includes a home being passed to direct descendants.
• Any unused allowance from a pre-deceased spouse or civil partner is transferred.

How To Apply For Probate

Step 1: Determine If Probate Is Required

As mentioned earlier, confirm whether probate is necessary before starting your application.

• Check with banks, building societies, or other institutions holding the deceased’s assets.
• Review property ownership details, as the jointly-owned property may not require probate.
• Seek advice from Gavin Edmondson Solicitors if you are still unsure.

Step 2: Gather Necessary Documents

You’ll need the following documents to apply for probate;

• Death certificate (certified copy).
• The original will and any codicils (if a will exists).
• A list of the deceased’s assets and liabilities, including property, bank accounts, and debts.
• Completed inheritance tax forms (e.g., IHT205 or IHT400).

Step 3: Complete The Application Process

Applications can be submitted either online or by post.

• For online applications Visit the UK Government probate portal to complete the process. You’ll need digital copies of your required documents.
• For postal applications Download the appropriate probate forms:PA1P (if there’s a will).PA1A (if there’s no will).

Fill out the forms carefully, and ensure all details are accurate.

Step 4: Submit Forms And Pay Application Fees

The probate application fee depends on the estate’s value. As proposed in May 2024, the current fee is:

• ￡300 for estates worth over ￡5,000.
• Free for estates worth ￡5,000 or less.

(These fees are correct of time of writing but are subject to change without notice at any time.)

Step 5: Wait For The Grant Of Probate Or Letters Of Administration

After submitting your application, you’ll receive confirmation that your application is being processed.

Although the processing time is aimed to be within 20 weeks, it can vary due to potential issues such as missing documents or application errors, complex or foreign assets and disputes among beneficiaries.

We recommended seeking legal advice from Gavin Edmondson Solicitors during probate, as this can make the probate process smoother and worry-free.

For example, if the estate is distributed while incorrectly reporting the inheritance tax liability of the deceased estate to HMRC, the executor would be personally liable, which could create serious financial problems for them.

Post-Application: What To Expect

After submission, you’ll receive a confirmation from the probate registry that your application is being reviewed.

To Track A Probate Application:

• Online Applications: Log in to the probate portal to view updates on your application.
• Postal Applications: You should receive a letter or email within 20 weeks of application. Otherwise, you can contact the courts and tribunal service centre.

What Happens After Grant Of Probate Or Letters of Administration?

Once the application is approved, you’ll receive the official legal document needed to manage the estate:

• Grant Of Probate: Issued when there is a valid will authorising the executor(s) to act.
• Letters Of Administration: Issued when there’s no will, allowing the administrator(s) to manage the estate.

As an executor (if there is a will) or administrator (if there is no will), you can begin estate administration. This involves gathering all assets, such as funds from bank accounts, property, and insurance payouts and consolidating them into an estate account.

Any outstanding debts, including loans, mortgages and final utility bills, must be settled. You will also need to ensure all inheritance tax obligations are paid before proceeding to distribute the remaining estate to beneficiaries.

Common Challenges During Probate

1. Disputes Over The Will Or Eligibility To Apply

Disputes among family members or beneficiaries may involve:

• Challenges to the validity of the will.
• Disagreements about who should apply for probate.

In cases where probate is contentious, we advise you to seek mediation or legal advice from a contentious probate solicitor. Gavin Edmondson Solicitors can help with this.

2. Delays In Processing Applications

Delays can occur due to:

• Missing or incorrect documents, such as death certificates or the original will
• High volumes of applications at probate registries.
• Complex estates requiring further investigation.

Always double-check applications before submission, respond promptly to any requests for additional information from the probate registry and consider professional legal advice for complex estates to ensure everything is handled correctly.

3. Dealing With Large Or Complex Estates

• Multiple properties or investments: These require valuations and additional documentation.
• Overseas assets: Foreign properties or accounts may need separate legal procedures.
• Inheritance tax complications: Larger estates often involve intricate tax calculations and payments.

Get Help From Gavin Edmondson Solicitors

At Gavin Edmondson Solicitors, we specialise in guiding individuals through the probate process with clarity and compassion. Our Probate Team can help you apply for probate, handle inheritance tax, or resolve contentious probate.

We provide tailored advice to meet your unique circumstances, ensuring that the estate is handled efficiently and complies with the law. We’re committed to making the probate process as straightforward and stress-free as possible.

Contact us today to get started.

FAQs On Probate Application

What Can Stop Probate From Being Granted?

Probate may be delayed or denied due to missing documents, errors in the application, disputes over the will, or unresolved inheritance tax payments.

What Happens If Someone Contests Probate?

If probate is contested, the process is paused until the dispute is resolved. Common reasons include challenges to the will's validity or disagreements over who should administer the estate. The issue may be settled through mediation or court proceedings, which can delay the granting of probate.

Who Owns a Property During Probate?

During probate, the property is technically part of the deceased's estate. Executor(s) (or administrator(s) if there’s no will) have the authority to manage it once probate is granted, but until then, no legal ownership changes can occur.