While applying for probate may sound simple, the ramifications can be time consuming, drawn-out and distressing. When a loved one has passed away you may not want to be burdened with the responsibility of dealing with the deceased affairs. If you would like us to help you apply for probate speak to one of our advisors. Applying for probate is the procedure of requesting a legal document from HM Courts & Tribunals Service that will allow you to take control of the estate of a deceased person.
IWC offer a complete estate administration service which includes applying for probate, dealing with beneficiaries, debtors, creditors, banks and financial institutions, including HMRC.
Fully Qualified Probate Practitioners - your work will be carried out by a full STEP member or Law degree certified professional.
Low Cost, Fixed fees - our costs are agreed with you in advance, we even operate a price promise guarantee. So you will know exactly what we charge when we apply for probate.
No upfront payment required - our fixed fee for probate can be paid from the estate later.
Who can apply for Probate?
With a Will (testate) - The executor/s named in the will. Normally one executor will apply for the Grant and administer the estate. However, up to 4 executors can apply jointly if necessary. If the executor is under 18, a joint application must be made with another executor or guardian.
Without a Will (intestate) - The Rules of Intestacy must apply; the statutory law that determines what happens when there's no will. It includes a strict hierarchy detailing who can apply for the letters of administration.It is sensible to seek legal assistance, call IWC or follow the link to find out more about the intestacy rules.
The first step in applying for probate is to gather together all relevant paperwork as original documents will have to be submitted. You'll also have to value the estate. This will then enable you to fill out the required forms relating to probate and inheritance tax. These are submitted along with the fees to HM Courts & Tribunals and HMRC in order to apply for a grant. You'll then receive an appointment through to attend an interview at the probate registry where you'll confirm the information presented is correct and swear an oath. Provided there are no problems, the grant or letters of administration are issued.
Probate form PA1 is the main application form everyone one completes
PA3 details probate fees that relate and must be enclosed with your application
PA4 is a directory of interview venues and UK registries
IHT205 is to be completed if the estate is excepted
IHT400 is a full inheritance account to be submitted if the estate is liable
Is Legal Representation Required?
The short answer to this is no, applying for probate can be done by yourself as an individual. However it is recommended that you seek legal assistance in the following circumstances:
Although some estates are simple and making an application for a grant of probate can seem very simply, it is a task that should only be undertaken by those who are legally qualified to deal with a probate application. Our probate team are here to advise you why not call us free of charge to see if we can assist you.