Probate

What is probate?
After a death someone has to deal with the personal and real estate (possessions), including settling debts, collecting owed money etc, and distributing the estate as per Intestate or as stated in the deceased Will. For this to happen a document has to be completed this is known as a Grant of Representation. We are only considering in this case that the deceased has a Will.

There are booklets available to guide you through probate. They are available from www.hmcourts-service.gov.uk

A very brief overview of the procedures is listed below:

1. Register the Death. this will allow you to obtain death certificates. It is advisable to get a number of copies to speed up other processes which require this document.
Then consider the funeral arrangements etc.

2. Obtain the Will

3. Complete the probate form PA1 (The probate application form) and form D18
(please note that there are fees payable when dealing with these documents)

4. Consider if you need a grant of probate.

5. Collect details of the estate,including debts etc. If the estate falls above the Inheritance Tax band you will need to complete IHT205 and IHT206 from HM Revenue and Customs.
(download from www.hmrc.gov.uk.cto)

6. Check to see if the deceased was a beneficiary under a life interest i.e. living in a property under a trust (the property may not belong to him or her), this will need to be dealt with separately and further advice would be needed depending upon the situation and circumstances.

7. Wait for an appointment from the Probate registry (after returning all the appropriate forms) and arrange for money to be available to pay of any IHT. complete any appropriate section on the returned D18 form possibly using the IHT200 form (sent to you).

8. Depending upon the circumstances you may need to advertise to see if any persons need to make a claim against the estate.

9. Complete any Income tax forms.

10. apply and get a Inheritance Tax Discharge form. (Application for a Clearance Certificate - also available online)

11. Pay off any liabilities (debts)

12. Pay out any pecuniary legacies (money) - You MUST obtain receipts.

13. Produce and prepare the final estate accounts and use the appropriate tax deduction certificate i.e. R185E

14. If the Last Will and Testement allowed for life interests or setting up of Trusts you will need additional legal help in setting up the trusts.

15. Distribute any assets as per the The Last Will and Testement.

16.Get final approval of the accounts (including receipts from beneficiaries etc)

16. Close any accounts i.e. banks, building society's etc.

If you have problems or are unsure you can contact the Probate and Inheritance help line
Tel. 0845 3020900

Important Note:

The above is only a brief guide and may vary depending upon the estate and financial position of the deceased, It is strongly recommended that further information be obtained from the probate office, either directly or online .

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