Probate Grant Applications
There is much to consider when a person passes away.
When a person dies you will need to consider whether he or she has legal affairs that need to be addressed. First of all find out if they have made a Will, and if the person has an Estate that must be dealt with.
If a person makes a will they die “testate” and if they do not they die “intestate”. Either way you will need to find out as to whom has the right to deal with the deceased person’s estate. If the deceased made a will then he or she will have appointed Executors and they will be called upon to act, and if not the Court look at broadly the next of kin to step forward and deal with the estate.
The general term for a person who is called on to deal with the estate is the personal representative (the PR). He or she (or they) will need to collate information so confirming the value of the estate to the Court. They have to “prove” or show that they have made a diligent effort to value the estate and swear to such value – this is done by way of an OATH. The PR needs to apply to the Probate Registry for a grant so as to “allow” them to deal with the estate of the deceased.
There are many types of grants but the main ones that arise are:-
Grant of Probate.
Proof of the Will and grant of authority by Court
Grant of Letters of Administration.
Proof of right to deal with the administration where the deceased died without making a Will.
Grant of Letters of Administration with the Will annexed.
Proof of Will where executors are not able to act – for example they have died prior to the deceased.
The PR’s will always need a grant to prove their right to deal with property within the estate (for example the deceased residence). Broadly speaking they will also usually need a grant to deal where the deceased’s assets aggregate value exceeds more that £5,000, which is the small estates threshold value.
When applying for a grant of representation you will also need to complete an Inland Revenue form, either a short return know as an IHT205 estate return form or in certain circumstances (and where the estate exceeds the excepted estate threshold of £325,000) an IHT 400 form will need to be completed.
How we can help you at this difficult time.
You can deal with these procedures personally, however, we recommend that, whatever your situation, you first of all come and see us to discuss the important and specific role of PR and probate fees.
Acting as a PR is an answerable position and must be set apart from the way you may think to deal with your own finances and legal affairs. We will advise you about the legal, practices (and possibly unfamiliar) things you need to know to ensure the administration process is as smooth and efficient as possible for you.
We can manage the administration for you and attend to the terms of the Will (if there is one) or the rules of entitlement to an estate (if there isn’t a Will) while keeping you informed and in control.