When someone dies in England and Scotland, their loved ones need to establish whether or not Probate is 
needed.
If it is, the next step is to work out who is responsible for obtaining Probate. If there is a Will, it will be the executors named in the Will. Otherwise it will be decided by a set of laws called the Rules of Intestacy and will generally be the deceased’s next of kin. The person who applies for Probate is known as the personal representative.
10 Steps to getting a Grant of Probate
Once this has been determined, the personal representative can set about getting a Grant of Probate. You can apply for the Grant by yourself, or you can ask a probate solicitor to do it for you. It involves the following 10 steps –
- Calculate the value of the deceased’s estate. This can take a lot of time, as you will need to identify all the assets and debts and work out the value for each. This may require professional valuations.
- Calculate if Inheritance Tax is needed
- Pay Inheritance Tax, if it is due
- Fill out a PA1 form, which you can get online or from a Probate Registry
- Fill out the necessary Inheritance Tax forms
- Get an official copy of the death certificate
- Get the original Will and three copies (if applicable)
- Write a cheque made payable to HM Courts and Tribunal Services for the Probate fee, which will be £215 if you apply for Probate yourself
- Send the cheque, the copy of the death certificate, the Will and three copies, the PA1 form and the Inheritance Tax forms to the local Probate Registry
- Swear an oath to verify that the information you have provided is true to the best of your knowledge. This can either be done at a solicitor’s office or the Probate Registry
If everything is in order and no mistakes have been made, the Probate Registry will issue a Grant of Probate.
Administering an Estate
However, getting a Grant of Probate is really just the first step. Once a Grant of Probate has been issued, the personal representative will then have the legal authority to wind up the deceased person’s affairs. This in itself can amount to a lot of work.
For example, the personal representative will be responsible for paying off any debts the deceased had, collecting in assets, advertising for creditors to come forward, finding beneficiaries, and distributing the estate.
Therefore, it is really a two-stage process – the first is to get a Grant of Probate, and the second is to administer the estate.
Probate Solicitors
A probate solicitor can help you throughout the entire process, not only getting a Grant of Probate on your behalf, but also finalising the deceased person’s affairs. This will remove the burden from your shoulders.
If you are looking for probate solicitors near you, we can help. We are here to put you in touch with specialist Probate providers in your area. This service is completely free of charge. Contact us to find out more, or fill out the free online enquiry form to get started.