Probate is the necessary legal procedure to follow when an individual passes away, and their Will designates you as the executor.
Applying for Probate Online UK process entails applying to demonstrate the deceased’s status, validate the Will’s authenticity, and confirm that the applicant is indeed the appointed executor.
Upon successful verification of these factors, the Court grants permission to the executor to manage the deceased person’s estate.
Apply For a Probate in the UK
In England and Wales, probate refers to the legal and financial process necessary for handling a person’s estate after their passing.
This essential legal procedure is a crucial part of estate planning and administration, involving the management of all assets, including property, money, and possessions, left behind by the deceased.
When a Will is in place, the executor(s) must apply for a grant of probate, granting them the legal right to manage the estate.
In cases where there is no Will or the Will is deemed invalid, intestacy rules come into play, determining the distribution of the estate, typically favoring the closest living relative as the beneficiary.
Required Document for Applying for a Probate
Before you apply for Probate, you will need to gather the following essential documents:
- The original will
- Any codicil (a separate document written by the deceased that outlines changes to the will)
- The original Death Certificate
Additionally, you should have the following information on hand:
- The full name of the deceased
- The last address of the deceased
- The date of death
- The address and details of any assets (property) located in NSW
- The full name of the executor named in the will (if more than one, provide the names of all executors)
- The full names of the beneficiaries named in the will, along with their age and entitlement under the will
- Names of the witnesses to the will
- An address for sending notices
Applying for Probate Online UK Step-by-Step Guide
The process of applying for probate involves several key steps, whether you choose to handle it yourself or enlist the assistance of a probate solicitor.
If there is no Will, the process is similar, but it results in a ‘grant of letters of administration’ rather than a ‘grant of probate.’ Here are the five main steps in the probate process:
- Register the Death: Before applying for probate, the death must be registered, typically within 5 days of the person’s passing.
- Investigate the Value of the Estate: To determine the assets of the deceased and assess inheritance tax, the estate’s value needs to be investigated.
Here are the key steps in valuing the estate:
- Step 1: List and value possessions and assets, estimating their worth.
- Step 2: List and value joint assets, such as properties co-owned with another person.
- Step 3: List and value gifts made in the 7 years before the person’s death.
If the estate’s total value, including gifts made in the last 7 years, exceeds £325,000, inheritance tax must be paid.
This involves using an IHT400 form. Even if the estate’s value is below this threshold, an inheritance tax form (IHT205 tax form) confirming this is still required for the probate application.
- File the Probate Application: Once the estate has been valued, you must submit the probate application, which involves filling out various forms.
- Paperwork Application: Download the necessary probate forms from the Gov.UK website, complete them, and send them to your local probate office.
Required documents include the PA4P probate application form, the death certificate, a completed inheritance tax form, and the original Will along with three copies.
- Online Application: For an online application, you’ll need the death certificate, a completed inheritance tax form, and the original Will.
Probate Application Cost and Fee Payment Method
The fee for applying for probate is £273 if the estate’s value exceeds £5,000.
However, it is free if the estate’s value is less than £5,000. If you require extra copies of the grant of probate, each copy costs £1.50. Payments can be made online using a debit or credit card.
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How Long Does Probate Take in the UK?
The duration of the probate process can vary significantly based on various factors. On average, it takes approximately 9-12 months to complete the probate process and settle an estate fully.
However, the process may take longer if there are complicating factors, such as:
- Properties to sell within the estate.
- Disputes between beneficiaries or executors.
- Complex Inheritance, Income, or Capital Gains Tax issues.
- Delays are caused by a combination of these factors.
Contact Information Related to Applying Probate
You can contact HMRC (Her Majesty’s Revenue and Customs) for advice on Inheritance Tax after someone has passed away. HMRC can assist you with the following:
- Understanding your Inheritance Tax responsibilities.
- Confirming the necessary forms you need to complete.
- Requesting paper copies of forms.
- Guiding completing Inheritance Tax forms.
You can reach HMRC for Inheritance Tax advice at the following phone numbers:
- Telephone (UK): 0300 123 1072
- Telephone (Outside UK): +44 300 123 1072
Their opening times are as follows:
- Monday to Friday, 9 am to 5 pm
- Closed on Saturdays, Sundays, and bank holidays.
Applying for Probate Online UK – FAQs
Follow the frequently asked questions related to Applying For Probate Online UK.
What is probate, and when is it required?
Probate is the legal process of administering a deceased person’s estate. It’s required when someone has passed away and left a valid will.
Who can apply for probate?
Typically, the executor named in the deceased’s will applies for probate. If there’s no will or no appointed executor, the closest living relative can apply.
What documents are needed for a probate application?
You’ll need the original will, any codicil (amendments to the will), the original death certificate, and details about the deceased’s assets, beneficiaries, and witnesses to the will.
How do I value the deceased’s estate?
You should list and value all possessions, assets, joint assets, and gifts made in the last seven years. This includes bank accounts, stocks, property, and more.
Is inheritance tax applicable, and how do I handle it?
Inheritance tax applies if the estate’s value exceeds a certain threshold. You’ll need to complete an inheritance tax form and pay the tax if necessary.
How do I file a probate application?
You can file the probate application online or using paper forms. Online applications are convenient, while paper forms are submitted to your local probate office.
What are the costs associated with probate?
The cost of applying for probate is £273 if the estate’s value exceeds £5,000. Extra copies of the grant of probate cost £1.50 each.
How long does the probate process take on average?
The probate process typically takes around 9-12 months to settle an estate, but it can vary based on the complexity of the case.
Can I get assistance with probate application forms?
Yes, you can contact the probate and inheritance tax helpline for guidance while filling out the forms.
Where can I find additional information on probate?
You can visit the gov.uk website or consult with a solicitor for more information and assistance.
Final Words
This is all about Applying for Probate Online UK. Probate is a crucial legal process that ensures the orderly distribution of a deceased person’s assets, whether they left a valid will or not.
Understanding the steps involved, the required documents, and potential costs can help simplify the probate process.
