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WHAT IS PROBATE?
Are you handling the affairs of someone who has passed away and need
help understanding the probate process? Read on for our detailed
probate guide covering all of the commonly asked questions.
The term ‘probate’ refers to the Grant of Probate, which is a legal document that Executors may need to obtain when
administering the estate of someone who has passed away. This process is referred to as ‘Confirmation’ in Scotland.
A Grant of Probate provides the Executor with the legal authority to carry out estate administration, which includes dealing with
all of the deceased’s assets, legal affairs, debts, and more. Therefore, probate is one part of the wider estate administration
process; the term is commonly misused by many to refer to the entire process of dealing with the estate of someone who has
passed away. Whilst probate isn’t always required, an estate must always be administered.
When is probate required?
Whether or not probate is required does not depend on whether there’s a Will or not. Probate is usually required if the deceased
owned assets or property in their sole name. In this case, a Grant of Probate is often needed to sell or transfer the property and
release funds to the beneficiaries of the estate. However, if assets were held jointly, they will automatically pass to the surviving
joint owner.
Do you have to pay for probate?
The set government fee for applying for a Grant of Probate in England and Wales is £300 for estates worth over £5,000.
For estates valued at £5,000 or less, there is no fee to pay. Within this £300 fee, you will receive one copy of the Grant, but it is
recommended that you purchase more at the time of application for a small fee.
When should you apply for probate?
First, the death must be registered. Then, all assets and liabilities within the estate should be detailed so that the value can be
calculated. If the estate includes a property, this must also be valued, and any gifts made by the deceased should be included in the
value of the estate for Inheritance Tax purposes (if applicable). At this point, a Grant of Probate application can be submitted to the
Probate Registry.
The documents you need for probate
•
A PA1P (if there is a Will) or PA1A (if there is no Will)
•
An Inheritance Tax form - This may not be needed if the estate is low value or meets the excepted estate requirements.