Losing a loved one is never easy, and dealing with their estate during such a difficult time can feel overwhelming, but understanding the legal requirements can help guide you through this necessary process.
When someone passes away in England and Wales, all their assets – including properties, bank accounts, investments and belongings – along with any debts owed, form part of their estate. Whether or not the deceased wrote a valid will determines whether they’re testate or intestate.
A testate estate comprises property that a deceased person left in their last will and testament. An intestate estate is an estate comprising property that a deceased person didn’t provide for by means of a will (i.e. the deceased didn’t leave a valid will detailing how such assets should be passed on upon their death).
In order for the rightful person to deal with the estate of a deceased, they must first obtain proper legal documentation that proves to third parties that they have the legal right to deal with the assets of the deceased.
In this article, we’ll provide an overview of the process, fees, timeframe and related matters connected to applying for a grant of probate for someone who died testate in England and Wales.
It should be noted that the rules for applying for a grant of probate differ in Scotland and Northern Ireland.
What is a Grant of Probate? Do I Need to Apply for One?
A grant of probate is a legal document issued by the Probate Registry in the UK (specifically England and Wales) that gives the executor(s) named in a deceased person’s will the legal authority to deal with the deceased’s estate. The “grant” refers to the official permission or authority granted by the court, while “probate” refers to the process of proving the validity of the will and giving that legal authority. This document allows the executor to access bank accounts, sell property, pay debts and distribute assets according to the will. Without the grant of probate, financial institutions and other organisations typically won’t release the deceased’s assets.
It isn’t always necessary to apply for a grant of probate. For example, there’s no need to apply for a grant of probate if the only assets of the deceased include:
- Cash (e.g. bank notes and coins) and personal possessions such as a car, furniture and/or jewellery; or
- Property jointly owned with others, which passes to those others through the right of survivorship.
What Is the Difference Between a Grant of Probate and Letters of Administration?
These are both forms of legal documentation that fall under the authority known as the Grant of Representation, which allows relatives/executors to handle the deceased’s financial matters. However, which one is needed depends on whether the deceased is testate or intestate.
A grant of probate is obtained by the executor(s) of a testate deceased as named in their last will.
Letters of administration are obtained by the rightful heirs of an intestate deceased under the rules of intestacy if the deceased died without a valid will.
Applying for a Grant of Probate in the UK: A Step-by-Step Guide
STEP 1: Register the Death and Check the Last Will
As a starting point, you’ll need to obtain the official death certificate by registering the death within five days at a local registry office. You should also check the last will of the deceased to confirm who the executor(s) of the deceased are.
The executor(s) are responsible for applying for the grant of probate. A common question we hear is: Do I need a solicitor to apply for a grant of probate in the UK?
It’s important to note that it isn’t strictly necessary for a legal professional, such as a solicitor, to assist in applying for a grant of probate. Even non-lawyer executors can apply for a grant of probate themselves.
STEP 2: Determine Eligibility and the Value of the Deceased’s Estate
To be eligible to apply for a grant of probate, an estate with bank accounts or sole-owned property valued at around £5,000 to £50,000 at specific institutions will generally require probate. Note that most banks and financial institutions set their own probate thresholds.
Once you’ve confirmed that you’re eligible to apply for a grant of probate, you’ll need to determine the value of the deceased’s estate to account for and pay any inheritance tax (if any) on the deceased’s estate.
There are three main tasks to be performed in valuing the assets of the deceased:
- Identify the deceased’s assets and debts;
- Obtain valuations for all the assets identified during stage one (above); and
- If required, submit full details of the nature and value of the deceased’s estate to His Majesty’s Revenue and Customs (HMRC) for payment of inheritance tax.
This process of valuation can take several months, particularly if the estate is wide and varied.
Further advice on inheritance tax, including an online checker that helps you estimate the amount of inheritance tax, can be found on the GOV.UK website.
STEP 3: Pay Inheritance Tax (If Necessary)
The value of the estate and certain other circumstances determine whether you need to pay inheritance tax. No inheritance tax is usually payable if the value of the deceased’s estate is below the current £325,000 threshold.
Additionally, if the deceased leaves everything valued above the £325,000 threshold to their spouse, civil partner, a charity or sports club, then no inheritance tax would be payable.
In these instances, you’re generally not required to submit the details of the value of the deceased’s estate for inheritance tax purposes.
If, however, it is necessary to submit details of the deceased’s assets and corresponding values to HMRC, this must be completed within one year from the deceased’s date of death and prior to applying for a grant of probate.
After submitting inheritance tax forms and any tax due, executors usually have to wait up to 20 working days (approximately four weeks) for HMRC to process the information, issue a clearance or a reference number, and confirm the tax has been paid or arrangements made. HMRC will send a letter with a code you’ll need to submit as part of the grant of probate application.
STEP 4: Apply for the Grant of Probate
There are two ways to complete the probate application, namely:
- Online: An online application for a grant of probate can take four to five weeks on average. For those who complete the application online and submit their documents without any issues, probate may be granted in less than a week, making this the fastest and most efficient method of application; or
- By post: Paper-based applications submitted by post generally take longer than online applications, averaging around eight to 13 weeks, so applicants are encouraged to apply online, if possible.
Take care to fill in the necessary forms accurately, as failing to do so can lead to delays or rejections.
How to Apply for a Grant of Probate Online in the UK
Provided you meet all the requirements to apply for a grant of probate online, you’ll need to set up an online account on the government portal before submitting the application.
What Documents Are Needed for a Grant of Probate?
To apply for a grant of probate, you’ll need:
- The PA1P probate application form;
- The death certificate;
- A completed inheritance tax form;
- The original ‘wet-ink’ signed will of the deceased and/or any codicils (if any). If you’re applying by post, you’ll need three extra copies of the will.
STEP 5: Pay the Probate Fees
The cost of applying for a grant of probate depends on the value of the testate estate.
If the value of the testate estate is £5,000 or less, there are no application fees payable for applying for the grant of probate.
However, if the value of the testate estate exceeds £5,000, then the set fee for obtaining the grant of probate is £300.
To apply for extra copies of the grant of probate, the cost is £1.50 per additional copy requested.
STEP 6: Receive Approval
Once the grant of probate application is approved by the probate registry, all wills and codicils (if any) will be published and become public records.
How Long Does a Grant of Probate Take?
The average time for a grant of probate to be issued in the UK is four to five weeks, via online application. By post, it generally takes between eight and 13 weeks. Exact processing times may vary.
However, each year there are estimated to be around 50,000 ‘stopped applications’, which cause delays in the grant of probate application process.
Reasons for Delays in Grant of Probate Processing
His Majesty’s Courts and Tribunals Service (HMCTS) published an article on 28 February 2022 that included common reasons for delays in their processing.
Frequent reasons for ‘stopped applications’ are missing documents not submitted, missing executors who are not part of the grant of probate application or are otherwise unaccounted for, or a lack of explanations for ‘condition’ issues relating to the will.
When Might You Need Documents Notarised or Apostilled when Managing a Deceased’s Estate?
If you are the executor of a will and need to manage assets held abroad, you may be required to provide key documents such as the grant of probate, death certificate and the last will and testament.
These documents often need to be apostilled to confirm their authenticity when used internationally. Unless the document is the original court-issued version with official stamps or seals, it must also be notarised.
At Notary.co.uk, we are often required to notarise various types of documents connected to a deceased person, such as their will, grants of probate or letters of administration. We can notarise and apostille these documents, arrange translations and handle consular legalisation.
Conclusion
Applying for a grant of probate is an important step in administering the estate of a testate deceased. This is how the executor(s) may legally deal with legal title to the assets of a testate deceased.
Should you require notarial services in relation to notarising a grant of probate or other documents, please contact us today at info@notary.co.uk or 020 7630 1777