What is Probate?

Probate may be required when someone passes away.

Probate is a short way to refer to a ‘Grant of Probate’, officially known as the ‘Grant of Representation’ in England and Wales and ‘Confirmation’ in Scotland.

Probate is required if the estate is worth more than £5,000 in value, if the deceased owned any property, or if a financial institution (e.g. a bank or building society) needs to see the ‘Grant of Probate’ to release funds.

Probate will not be needed if all the assets were held jointly as they will automatically pass to the co-owner, often a spouse or civil partner.

The term 'Probate' is often mistaken to mean all of the tasks to be completed following a bereavement but in fact, it’s simply the term for obtaining the Grant that enables you to carry out these tasks.

Probate is only one part of the wider estate administration process. Probate provides you with the legal right to carry out the estate administration, including dealing with property, money, and personal possessions.

Executors or Personal Representatives

Behind every probate application is a bereaved family trying to do what’s right at a sensitive time. HM Courts and Tribunals Service (HMCTS) aims to make the process of applying for probate as easy as possible for members of the public, but there are a few things you can do to make the process as straightforward as possible.

Here are 5 top tips to help you.

1. Remember to send all the relevant documents

Applications can be delayed because the supporting documents HMCTS needs to grant probate are missing.

Common missing documents include:

• power of attorney forms

• original Wills

• inheritance tax documents.

It’s very important that all supporting documents are sent to the probate office at the same time as the application to reduce the risk of delays. Members of the public can see a list of the documents they need to send by logging into their account if they’ve applied online.

2. Organise your inheritance tax

When a full inheritance tax account is required, it is administered by HMRC and must be settled before you apply for probate. HMRC will send a letter confirming if inheritance tax is due, has been paid, or that suitable arrangements are in place to pay an outstanding balance. The letter will also include a code that you should input into MyHMCTS when applying for probate.

3. Tell HMCTS about all executors

Remember to add the details of all estate executors when submitting applications. Missing executors may have passed away, but your application will be paused if a Will has an executor who is not listed on the application.

Update HMCTS on the condition of the Will

To reduce the risk of fraud, HMCTS may need to pause applications that have unexplained changes to the condition of the Will. Changes they’ll look out for include:

• staple holes

• paper clip marks (suggest that something was attached)

• rips

• stains

• amendments in pencil or pen that are undated or not properly attested (signed and witnessed)

To avoid delays, personal applicants should answer the specific questions designed to draw out information on any issues relating to the condition of the Will.

4. Save time, check progress online

Personal applicants can check the progress of their application by logging on to the gov.uk website.

This saves everyone time, and you can monitor progress at your convenience.

5. Ask for professional help

If you need help understanding the terms of your loved-one’s Will or guidance about what to do next, we’re happy to help.

Get in touch today.