Grant of UK Probate - a Simple Guide - By: Tim Bishop

Probate is the term which refers to the legal right for an administrator to deal with a deceased person's estate.

When is a grant of probate needed in the UK?

A UK grant of probate will be needed if the deceased has left any one of the following assets:

- Property or land, held in their own name or as tenants in common;

- £5,000 + cash;

- Stocks, shares or investments; and

- Certain insurance policies.

A grant of probate may not be needed if the deceased does not leave such assets. Not only this, but it may be the case where all of the deceased's possessions are held jointly with their partner. In this situation they automatically pass over to this person due to the law of survivorship.

In order to discover whether or not the deceased's assets can be collected without a grant, you will need to contact each organisation involved and inform them of the death, it is normal practice to enclose a copy of the death certificate (and will if applicable) for their information. The organisation will then instruct you to what evidence they need to see before they can allow a collection of the deceased's assets. This will then give you an idea of whether or not you will need to obtain a grant of probate.

I am the next of kin of the deceased - can I apply for probate?

First of all you must note that a grant of probate is not given until all the outstanding inheritance tax is paid on an estate. Next, if there is a valid Will that indicates an exector then this is the right person to apply for a grant of probate. If the executors of the valid will are unable or unwilling to apply, then the next person entitled to a grant is the person named in the will as beneficiary.

If the deceased has died intestate (ie has not left a valid will) then his or her next of kin could make an application for probate. Family should make an application in the following order of priority:

- Husband/wife or civil partner;

- Children (including adopted and illegitimate);

- Parents;

- Siblings (if any have died in the lifetime of the deceased then their sons or daughters may apply)

A grant of probate is unable to be issued to anyone under 18. If more than one person is entitled to apply for a grant, ie the deceased had more than one child, they are entitled to apply for the grant together; this is however, subject to a maximum of four people.

How do I apply for a grant of probate?

There are 4 steps to take in order to apply for a grant of probate. For estates with numerous assets and complications it is also a good idea to get legal help.

1) Fill in the appropriate application forms. These can either be downloaded online or obtained from your nearest Probate Office.

2) Return the completed forms along with the death certificate (and original will where appropriate) to the Probate Registry.

3) Select an appropriate Probate Office to be interviewed at.

4) Attend the interview.

An interview is required by the Probate Office to check your identity and confirm that all the details you have provided on the forms are correct. Also be aware that you will be requested to sign any additional forms under oath and you will have to swear and affirm these before any interviews.

If you do not want to handle the probate on your own then seek advice from a specialist probate solicitor.

About the Author

Tim Bishop is senior partner at Bonallack & Bishop, a firm of experienced UK Probate solicitors. If you need some advice then use their Online Probate service firm today. Tim is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 13 years and has plans for its continued development.

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