When someone passes away, someone has to look after everything that was left behind and that is usually the executor. You may be the executor, but how do you prove that you have the authority to take the responsibility for the deceased’s left over estate. This can be achieved with a grant of probate (known as a grant of confirmation in Scotland)
What exactly is a grant of probate?
A grant of probate is a confirmation of the executor’s authority to be able to distribute and have control over the deceased’s estate. A grant of probate also enables an executor to deal with the deceased’s assets – such as a bank account – where you require legal authority to take action.
Is a grant of probation necessary?
In most situations, a grant of probate is necessary to act as the executor for someone’s estate. If the estate that you are responsible for is worth less than £10,000 you may not be required to have a grant of probate, the same applies if everything in the estate left behind was owned jointly with another – in this case ownership will simply be transferred to the other after death.
If you would like to check whether a grant of probate is needed, you must contact all the financial organisations that the deceased used (their bank and mortgage company for example) letting them know of the death and providing a copy of the death certificate – an application of probate is likely to be required.
How is a grant of probate obtained?
First the person’s death must be registered, and a death certificate obtained. Due to the number of companies that may need to be contacted, it is recommended that you get multiple copies.
Next the value of the estate must be ascertained. All the deceased’s papers and bank statements must be gone through to get an accurate valuation of the estate. It is a good idea to contact the following:
- banks, in relation to cash assets and accounts
- lenders, including for mortgages, credit cards and any loans
- fund managers or stockbrokers
- pension providers
- the local government in relation to outstanding council tax
- the Department for Work and Pensions
- HMRC in relation to outstanding tax.
Most estates also have a property. This can be evaluated by looking at similar houses on the market, but if inheritance tax is likely to be an issue (close to the £325,000 threshold) a valuation from an estate agent may be advisable.
An additional step before applying for probate is to determine whether inheritance tax is payable on the estate and what inheritance tax and probate forms must be filled in. Information can be found here on the government website
Once the estate has been valued and an inheritance tax form has been filled out – if required – you should be able to apply for probate. As well as supplying the right paperwork, you need to sign a statement of truth declaring that the details you’ve provided are correct. Unless the solicitor is named as co-executor, you are not obliged to use their probate services. You can search around to find a service that suits you best.
What are the Probate Fees?
The probate application fee in England and Wales is £273, regardless of the size of the estate (although if an estate is worth less than £5,000, there is an exemption). Probate fees used to be cheaper if done through a solicitor, but this was changed to a fixed flat fee in January 2022. Extra copies for a grant of probate are £1.50 each. It is recommended that extra copiers are gotten, as it will cost you extra to get more copies later down the line.
In Northern Ireland fees are £261, and in Scotland the fee is £266 for estates under £250,000 and £532 if the value exceeds that. There is no fee if the value of the estate is under £50,000 in Scotland, under £10,000 in Northern Ireland, and under £5,000 in England and Wales. If you can’t afford the fees, the Ministry of Justice has a remission scheme called “Help with Fees”. Find out more here.
Finally, if everything else is in order, the final step is to pay the inheritance tax on the estate – if it is owed of course.
Dealing with the estate of the deceased is not an easy task. Seeking the help of a professional probate service provider can help guide you through the process.
