No. Probate normally need only be applied for when there are:
These days, banks and building societies often impose their own discretionary limit for when they need a grant of probate.
Depending upon whether the deceased person leaves a will or not influences whether a ‘grant of probate’ or a ‘grant of letters of administration’ should be applied for. Either the executors of the will (if there is one) or a close relative may apply, or alternatively a solicitor.
Obtaining a grant of probate or letters of administration can be a complex procedure requiring the completion of a number of probate forms, which the Probate Registry will send onto you. Details of your nearest Probate Registry can be obtained via HM Courts and Tribunals Service
Once you have completed the probate application form (PA1), this should be sent to your local Probate Registry with various forms. The Probate Registry will send you an oath and ask you to make an appointment to visit them. You will need to swear the oath at either the office of a commissioner for oaths (usually a solicitor) or a local Probate Office (see below for engaging the services of a solicitor).
There are numerous factors to deal with when handling probate, such as advising various government offices like H M Revenue & Customs, the DVLA, the Council Tax department and pension providers etc. It is also the responsibility of the person dealing with probate to ensure all financial liabilities such as credit cards, overdrafts and loans are settled from the proceeds of the estate as failure to do so makes that individual personally liable for these. In view of the responsibilities placed on the person dealing with probate, many people choose to engage the services of a solicitor.
There could be. Inheritance Tax is a complicated area and there are several factors which affect whether this is payable and how much. It is always best to seek the advice of a solicitor in this regard.
Once applied for, a grant of probate normally comes through in four to six weeks, however, it can take longer depending on the complexity of the estate being dealt with.
Yes. Like many legal processes, probate can be very complicated involving the completion of many different forms and also places certain responsibilities on the individual dealing with a person’s estate. Some of the benefits of using a solicitor are:
It is not mandatory but we will need to obtain proof of your identity as required by law, as well as any relevant documentation relating to the deceased person’s estate.
If you would like us to deal with your probate matter, simply call or email us and we would be happy to discuss your requirements in a professional and sympathetic manner.