After a person passes on from this world, they may leave a multiplicity of assets behind. Here we think of property and investments, as well as furniture, jewellery, and loose gear. Some else then has to pick up the pieces and pass these things on to their heirs. But first, they have to know how to apply for probate.
Applying for Probate Versus Letters of Administration
Probate and letters of administration achieve the same aim, in that they empower someone to administer a deceased estate, and pass the assets to the rightful heirs. However, the process for getting there is slightly different:
The deceased may have nominated an executor as part of their will, in which case the nominee applies for probate. This is semi-automatic, unless the will is technically flawed, or another person objects.
But if there is no such appointment in a legal will, then the state must act. Usually, a close relative or friend steps in, and applies for letters of administration. The government arbitrates if there is more than one volunteer
Although this article teaches you how to apply for probate, there are overlaps between the two processes.
Steps In the Probate Process You Need to Know
ESTIMATE THE VALUE OF THE ESTATE
The UK government administers the probate system, and as might be expected they have rules and processes. You don’t need a lawyer to apply for probate when a legal will names you as executor. You can do it by post or even online but you have to follow the rules.
Your first step is to estimate the value of the estate to determine whether there is any inheritance tax due. Whatever you do, don’t try to find a loophole, because you could even end up being liable yourself!
Avery Associates offers probate valuation advice in the South of England and Wales, and has professional valuers on its team with decades of experience. Email us at info@averyassociates.co.uk or call any of these numbers during business hours.
Freephone 0800 567 7769
Head Office: 0208 640 00 44
Mobile: 07967 646499
APPLY FOR PROBATE PERMISSION ONLINE
Follow your nose using this simple, self-explanatory form.
APPLY FOR PROBATE PERMISSION BY POST
Download Form PA1P here and follow the instructions
Applying for probate is that simple in principle. But please don’t click away yet because we have more to share!
How to Fast Track When Applying for UK Probate
There are two tracks when we apply for anything from government. The fast track is for those of us who provide all the information they ask for. But the slow one is the lot of those of us who don’t think things through carefully, and rush the job.
HM Courts and Tribunal Services of the Ministry of Justice administer the probate system. They say fast-track applications generally take four weeks. However, those that get ‘stuck in the system’ linger for longer, and that is in nobody’s interests. These are some of the things you DO NOT WANT TO DO when applying for UK probate:
Fail to submit all required documents
Cut corners with inheritance tax
Try to bypass joint executors
Ignore problems with the condition of the will
Missing Documents
A probate application freezes until the document set is complete. Precious time goes by as letters exchange. The commonest culprits are power of attorney and inheritance tax forms.
Inheritance Tax
You must obtain clearance from HM Revenue and Customs in the shape of Form IHT421. This process generally takes 21 days. If you apply for probate during this period your application could end up at the bottom of someone’s pending tray!
Joint Executors
It’s vital all named executors are part of the process. Provide valid reasons for their absence, for example death certificates, or waivers and contact details.
Condition of Wills
Some wills run into several pages, or have codicils added. Staple and pin holes, rips and stains may cause suspicion and delays. It’s very important to address these issues when applying for probate to avoid the slow track.
Read Avery Associates Reviews
I used Avery Associates for probate content valuation, clearance and auction and have been very impressed with their prompt, personal, knowledgeable experience and service.
The clearance of large furniture items down several flights of stairs was done without a hitch and the guys even brought their own vacuum cleaner to hoover up any remaining dust and debris.
Always a pleasure to work with a team of friendly, personable professionals (M Campbell)
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