How can I Probate a Will?

You are probably asking this question since you have been left with the task of dealing with the Estate and the granting of Probate of someone who has passed away.

Is the Will valid?

You must check through the Will to make sure it is a valid Will, eg, it has been properly executed. If it is not valid, then the deceased is said to have died ‘Intestate’ and is treated as not having left a Will. The property in the Estate will pass under the laws of Intestacy following a strict list of beneficiaries.

Also, have all the assets in the Estate been properly dealt with under the Will and do any gifts fail? If so, some of the Estate may have to pass under Intestacy rules – a ‘partial Intestacy.’

Probate

When someone passes away leaving a Will, the Executors, named in the Will must apply to the Probate Registry to be given permission to administer the Estate. They are, effectively, asking that the Will is ‘proved.’  This is called the Grant of Probate. 

If the named Executors are not alive or are incapable of acting as Executor (eg, due to ill health), the Probate Registry will have to appoint Administrators to deal with the Estate. The authority given to them is called a Grant of ‘Letters of Administration.’

Who can apply for Probate?

Only the named Executors can apply for Probate. If one of the Executors wishes to give up their right to the Executorship they must renounce their right to do so. If there are no named Executors in the Will or the only named Executor has died or is incapable of acting, the Probate Registry must appoint another.

What is the procedure for Probating a Will?

The Executors must submit a Probate application to the Probate Registry office.

• Form PA1 must be completed in the first instance.  This form requests information about the applicant, the Will, any jointly held assets, the deceased’s relatives, etc..
• If the Estate is an ‘Excepted Estate’ or all / part of the Estate passes to the spouse, charity or other registered body (gross estate must be worth £1,000,000 or less), form IHT205 must be completed and submitted along with the PA1 form.
• If there is IHT to pay and the Estate is not an Excepted Estate then forms IHT 400 (Tax Return) and 421 (Probate Summary) must be completed and submitted to HM Revenue & Customs. The IHT liability must be settled before the Grant of Probate can be issued. 

All personal applicants will be called to attend for interview at one of the Probate Registry venues.

Is there a Fee for the Probate application?

If you are submitting a personal application, the fee if £90 plus £1 per official copy. If you are applying via a Probate Specialist the fee is £40 plus £1 per copy.

There is no fee to pay if the value of the net estate after payment of liabilities and funeral expenses is £5,000 or less.

What happens after the Will has been probated?

Once the Grant of Probate has been issued, the Personal Representative named in the Grant has the authority to distribute the assets to the beneficiaries.