This website provides information on Probate in the UK and related topics. This is NOT a government website and is not affiliated with any UK department including the Ministry of Justice. Every effort has been made to insure the accuracy of the information provided.
Welcome to what-is-probate.org.uk!
Explore our web site and if you have any questions, please drop us an email.
What is Probate
When someone who has died leaves assets (money, property and possessions) over £5000, companies that hold the assets or have control over the assets will require proof before they can release these assets to anyone.
A Grant of Probate is needed to distribute the estate of the deceased if there is a will.
A Grant of Probate is needed to distribute the estate of the deceased if there is a will.
Where there is no will a Letters of Administration document is need to deal with the estate.
A Grant of Probate can be obtained by either;
- doing it yourself or
- hiring a professional to act on your behalf.
This website will assist you in making that decision and will give you all the advantages and disadvantages of doing the Grant of Probate it yourself.
In literal terms, the word Probate means ‘prove it’ and is the process that is carried out after someone dies.
A Grant of Probate can be obtained by either;
- doing it yourself or
- hiring a professional to act on your behalf.
This website will assist you in making that decision and will give you all the advantages and disadvantages of doing the Grant of Probate it yourself.
In literal terms, the word Probate means ‘prove it’ and is the process that is carried out after someone dies.
Probate is used to ‘prove’ that a will is valid and then issues the legal authority for one, or several people, to administer the estate of the deceased and distribute their assets in the appropriate way.
Usually called a ‘Grant of Probate’ or a ‘Grant of Representation’ this authority is issued by an official court and allocates both legal responsibility and legal liability of the estate to the allocated Personal Representatives.
What is a Personal Representative?
A Personal Representative is any individual or group of people who have the right to apply for a Grant of Probate.
These people are usually named in the will by the deceased as Executors or, in the absence of such instruction, can appointed by the court.
Usually called a ‘Grant of Probate’ or a ‘Grant of Representation’ this authority is issued by an official court and allocates both legal responsibility and legal liability of the estate to the allocated Personal Representatives.
What is a Personal Representative?
A Personal Representative is any individual or group of people who have the right to apply for a Grant of Probate.
These people are usually named in the will by the deceased as Executors or, in the absence of such instruction, can appointed by the court.
The key responsibility of a Personal Representative is to assess the assets and liabilities of the estate and manage them as stipulated by the will.
But take care, as Personal Representative are legally liable for any debts within the estate, the task of choosing the person to shoulder such a responsibility should never be taken lightly.
When is a Grant of Probate Required?
A Grant of Probate can only be applied for when a valid will exists and is necessary only when the estate is worth more than £5,000.
If a valid will is not available, and the estate is considerable, then a Letter of Administration is usually required.
When to ask for professional advice?
It is advisable to consult a professional in the following circumstances:
|
|
The Will cannot be found
|
|
|
The Will is not valid
|
|
|
The Will is likely to be contested
|
|
|
The beneficiaries cannot be located
|
|
|
The terms of the Will are not clear
|
|
|
The estate is subject to inheritance tax
|
|
|
The deceased was married, but left no Will and the final value of the estate is over the inheritance threshold, currently £325,000
|
|
|
There is no Will, the value of the estate is over £250,000 and there is a spouse or civil partner with children
|
|
|
There is no Will, the value of the estate is over £450,000 and there is a spouse or civil partner with no children
|
|
|
Part of the estate will be passed to children under the age of 18, whether there is a Will or not
|
|
|
The deceased has left money or property in trust
|
|
|
The deceased owned a business or was a partner in a business
|
|
|
The deceased owned land or property that has an unregistered title
|
|
|
The deceased owned land or property abroad
|
|
|
Someone is due to benefit from a life interest in the estate
|
|
|
If the deceased inherited from another estate within the last two years
|
|
|
The estate is insolvent
|
|
|
The deceased is involved in any court proceedings
|
|
|
The estate belonged to a widow or widower and may be liable to inheritance tax, as some of the previously deceased spouse’s unused tax allowance may be used
|
Many people choose to engage a professional because the estate is substantial and complicated. Another reason people chose to engage a professional is that it takes considerable time to go through the process; a rough estimate is about 100 hours spread over several months.
When to do the Grant of Probate yourself
- If you have the necessary skills and know how
- If the estate is small and therefore simple to administer.
- If you have the time
- Finally and more importantly you should bear in mind that if you deal with the estate then you may be legally and financially responsible for any errors.
How long does probate take?
Whilst each case has it own unique circumstances, generally it takes between 6 to 9 months. This time covers the moment you submit the probate forms to the probate registry to the time when the estate can be distributed. Of course you need to bar in mind that complicated cases take even longer. Read More >>>