When a person passes away, their estate—comprising money, property, and possessions—must be managed and distributed according to the law. This process is known as probate. A central part of this legal process is the Probate Registry, a government body that plays a vital role in ensuring estates are administered correctly and lawfully. At Blackstone Solicitors, we guide clients through every stage of probate, and understanding the function of the Probate Registry is key to navigating the process effectively.
Please click here to find out more about our Wills, Probate and Lasting Power of Attorney Services.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of dealing with Probate, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What Is Probate?
Probate is the legal authority granted to an individual (or individuals) to deal with a deceased person’s estate. This includes collecting assets, paying debts and taxes, and distributing the estate to beneficiaries. The process ensures that the estate is administered according to the law and, where applicable, the terms of the deceased’s will.
There are two main types of legal authority:
- Grant of Probate – issued when the deceased left a valid will and named executors.
- Letters of Administration – issued when there is no will, or the named executors are unable or unwilling to act.
Both are collectively referred to as Grants of Representation.
When Is Probate Required?
Probate is not always necessary. Whether it is required depends on the nature and value of the deceased’s assets. Probate is usually needed if:
- The deceased owned property in their sole name.
- There are significant financial assets (e.g., bank accounts, shares) held solely in their name.
- Financial institutions request a grant before releasing funds.
Probate may not be required if:
- Assets were held jointly and pass automatically to the surviving co-owner.
- The estate is small and financial institutions are willing to release funds without a grant.
Who Can Apply for Probate?
The right to apply for probate depends on whether the deceased left a will:
- If there is a will: The executors named in the will have the legal right to apply.
- If there is no will: The rules of intestacy determine who can apply. This is usually the closest living relative, such as a spouse, civil partner, or child.
Applicants must be over 18 and mentally capable of managing the estate.
Legal Requirements Before Applying for Probate
Before submitting a probate application, several legal steps must be completed:
- Confirm That Probate Is Needed
Contact banks, building societies, and other asset holders to determine whether they require a grant of probate to release funds. Each institution has its own threshold and policies.
- Locate the Will (If There Is One)
If the deceased left a will, it must be located and verified as the most recent version. The original will must be submitted with the probate application. If no will is found, the estate is treated as intestate.
- Value the Estate
You must calculate the total value of the estate, including:
- Property
- Bank accounts
- Investments
- Personal possessions
- Debts and liabilities
This valuation is essential for determining whether Inheritance Tax (IHT) is due.
- Report the Estate to HMRC
If the estate exceeds the IHT threshold (currently £325,000 for most estates), or if certain gifts were made in the seven years before death, you must report the estate to HMRC. Even if no tax is due, a return may still be required.
You will need to complete either:
- Form IHT205 – for simpler estates where no tax is due.
- Form IHT400 – for more complex estates or where tax is payable.
- Pay Any Inheritance Tax Due
If IHT is payable, at least part of it must be paid before probate is granted. This can be done using funds from the estate or through a bank loan. HMRC will issue a receipt (form IHT421) which must be submitted with the probate application.
How to Apply for Probate
Once the above steps are completed, you can apply for probate either online or by post.
Online Application
You can apply online through the official government probate service. This is suitable for most straightforward applications where there is a will and the estate is not contested.
Postal Application
You can apply by post using:
- Form PA1P – if there is a will.
- Form PA1A – if there is no will.
These forms must be submitted along with the original will (if applicable), the death certificate, the IHT forms, and the application fee.
Application Fees
- As of the latest guidance, the probate application fee is:
- £273 – for estates over £5,000.
- No fee – for estates valued at £5,000 or less.
- Additional copies of the grant can be ordered for £1.50 each.
What Happens After You Apply?
Once your application is submitted, the Probate Registry will review the documents. If everything is in order, the grant will be issued. This typically takes around 4 to 8 weeks, though it may take longer for complex estates or if additional information is required.
Once probate is granted, the executor or administrator can begin collecting assets, settling debts, and distributing the estate according to the will or intestacy rules.
Legal Challenges and Disputes
In some cases, probate may be delayed or contested. Common issues include:
- Disputes over the validity of the will.
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975.
- Disagreements among beneficiaries or executors.
If you believe there may be grounds to challenge a probate application, you can enter a caveat with the Probate Registry. This prevents the grant from being issued until the dispute is resolved.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we provide expert legal advice and representation throughout the probate process. Our services include:
- Advising executors and administrators on their legal duties.
- Preparing and submitting probate applications.
- Resolving disputes and contested probate matters.
- Acting as professional executors where required.
We understand that dealing with a loved one’s estate can be overwhelming. Our experienced team is here to support you with compassion, efficiency, and professionalism.
Final Thoughts
Understanding the legal requirements for probate is essential for ensuring that a deceased person’s estate is managed lawfully and fairly. From confirming whether probate is needed to applying for the grant and distributing the estate, each step must be handled with care and attention to detail.
If you need assistance with any aspect of probate, contact Blackstone Solicitors today. We are here to help you navigate the process with confidence and peace of mind.
To read more about our services, please visit:
https://blackstonesolicitorsltd.co.uk/services-for-you/probate/
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of probate. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
