Applying for a Grant of Probate in England or Wales.
In most cases, you must apply for a Grant of Probate to be able to gather in and distribute the deceased’s assets. The executors (people doing the job) must apply to the probate registry for a Grant of Representation or ‘grant’.
This process is known as applying for a grant of probate. It confirms who has the legal right to collect in the assets or indeed to sell them. We will continue to call it a “grant” of probate as that is what most people think of, even if (technically) it is often not!
We refer only to the process of applying for a grant of probate in England and Wales. If you need help applying for probate, please click the link and contact us.
What is the purpose of applying for a Grant of Probate?
Technically, the grant of probate is a “Grant of Representation.” There are three types of Grant of Representation:
1) A Grant of Probate.
Where there is a valid Last Will appointing executors, a Grant of Probate is issued to the executor(s) named in the deceased person’s will.
2) Grant of Letters of Administration (with the Will)
A grant of letters of administration (with the Will) is the one issued when the Last Will does not name an executor, or if the named are unable or unwilling to apply for the grant or probate.
3) Grant of Letters of Administration.
Letters of Administration are issued when there is no Last Will or where the Last Will is invalid – which is not uncommon.
Is a grant of probate always needed?
Not always. It may not be needed if:
• The home is held as joint tenants (rather than tenants in common) and is passed automatically by survivor ship to the other joint owner(s). Our current fee for checking this is £60. (October 2016.)
• For joint bank or building society accounts. They may only need the death certificate to arrange for the money to be transferred to the other joint owner. A grant of probate could still be needed to gather in assets held in other bank accounts or insurance policies.
• The amount held in each account was under £5,000. Institution’s have different policies in this respect, you will have to ask if they will release the assets without a grant of probate.
If none of the circumstances above apply, a grant of probate may be required.
A grant of Probate must be obtained to sell or transfer a property held in the deceased’s sole name or a share of a property held jointly with the deceased person’s spouse or partner as tenants-in-common. Tenancy-in-common is a written agreement between people who own a joint asset (usually land or buildings).
Lawyers: Fees Grant of Probate ONLY (in England and Wales).
The next step up from DIY Probate is to ask our recommended lawyers to sort out the paperwork and obtain the Courts permission for you to collect in the assets, pay the bills and then pay out the beneficiaries. Where there are people likely to cause trouble (and say you have “done them out of” their share, we would recommend our full service, so you can’t be blamed. But where everyone is easy to deal with, just using our associate’s expertise to obtain the Court Grant of Probate and then doing the rest yourself can make a significant saving on probate solicitors fees, even at our relatively modest rates. I should mention that these fees do not include Court Fees.
Do remember that charge out rates are based on the seniority and experience of the person doing the actual work, so you won’t be charged full rates for what normal expert caseworkers can do.
In all cases, an advance payment of £240 is required then interim monthly invoices are raised. All fees are recoverable from the estate as long as it has enough in it.
DIY Probate More Complex estates Full Bespoke Service Probate Forms
Fees for Straightforward Estates Probate Service (IHT205).
Here the object is to obtain the Grant of Probate for a conventional estate with no Inheritance Tax or Trust issues based the details of assets which you advise of.
To keep costs down, you collect in and distribute the assets. Of course, we can happily arrange, but it will cost more. Remember though that YOU retain responsibility for incorrect information or distribution. Should you have family members who are likely to be unhappy, then it may well be better to let us handle the collection and distribution of the estate too.
Fees are plus third party costs like Court Fees. If the estate turns out to be really simple and the asset holders helpful, it may well be less!
Fees for More Complex Estates Probate Service (IHT 400 and schedules).
This is a ‘Grant Only’ service where you provide a list of the deceased’s assets and liabilities with their values as at the date of death and evidence in support of these figures. From these figures, the Oath and IHT 400 and prepared, send them to you for signing or swearing. On return they will be sent to the Probate Registry. The Grant will be obtained and send the grant to you, once the fees have been paid, so you can collect in the assets and distribute the estate.
Costs are a little higher as more senior staff will need to be involved at some stages, and plus third party costs.
We consider an estate to be ‘Standard’ where none of the following apply:
- gift out of income or
- substantial gifts within the last 7 years over £150,000. Or
- The deceased has set up a trust during their lifetime or was a life tenant or income beneficiary of certain trusts. Or
- The estate includes a business. Or
- There are foreign assets over £100,000 or foreign issues.
If any of the above apply, the Gold Probate Service is the right service for you.
A broad outline of the work which be may carried out for you is:
- Receiving a completed family tree and advising the next of kin where there is no Will of the relevant intestacy provisions;
- Being informed whether deceased was widowed or divorced and being supplied with details.
- Advising on any appropriate Deeds of Variation;
- Receiving a copy signed Will (if there is one).
- Receiving an ORIGINAL death certificate.
- Receiving List of Assets & Liabilities at the date of death and evidence in support.
- Arranging Notice to Creditors, if appropriate;
- Completing any inheritance tax forms and calculating and arranging payment of any inheritance tax due from the estate which can be made by instalments if appropriate;
- Preparing IHT 400 and supporting Schedules.
- Preparing the Oath for the Personal Representatives/Executors to swear;
- Making the application for Grant of Probate/Letters of Administration.
- Sending the Grant to you so you can collect in the assets and pay liabilities yourself and complete the administration of the estate yourself.
If you wish us to deal with the deceased’s Life Time Tax Return to date of death there will be an additional charge for each return (HMRC can go back 6 years)
Please note that this estimate is appropriate where an IHT 205 must be completed. If as the case continues it becomes clear that an IHT400 is required we will send you a new estimate.
Fees for Silver Probate Service (IHT 400 and up to 4 supporting schedules and Standard) Level 2.
This is again a “Grant Only’ service where you provide copy letters relating to the deceased’ assets, income and liabilities. Assets will include shares, investments, pensions, tax returns, tax references, state pensions, salaries, property details, foreign assets and any foreign income. From this information provided, we will then write to the institutions to find out the date of death balances due to or from the estate.
From the figures provided by the institutions, we prepare an Oath and IHT 400 and send them to you for signing or swearing. On return they will be send to the Probate Registry. The grant will be obtained and released to you, after payment of fees, so that you can collect in the assets and distribute the estate.
Costs (plus third party payments) based on a time estimate of (say) 8 -15 hours work at hourly rates, or at a fixed fee in some cases.
A ‘Standard’ estate is one where none of the following apply:
- gifts out of income. Or
- Substantial gifts within the last 7 years over £150,000. Or
- The deceased has set up a trust during their lifetime or was a life tenant or income beneficiary of certain trusts. Or
- The estate comprises a business. Or
- There are foreign assets over £100,000 or foreign issues.
If any of the above apply, the Gold Probate Service is the right service for you.
A broad outline of the work which needs to be carried out for you is:
- Receiving a completed family tree and advising the next of kin where there is no Will of the relevant intestacy provisions.
- Being informed whether deceased was widowed or divorced and being supplied with details.
- Advising on any appropriate Deeds of Variation.
- Receiving a copy signed Will (if there is one.)
- Receiving an ORIGINAL death certificate.
- Receiving all paperwork relating to assets & liabilities, pensions, life insurance, HM Revenue & Customs, Tax Returns (e.g. copy letters showing the address of each institution and account number.)
- Writing to the asset and liability holders of the estate informing them of the death and obtaining details of the financial position as at the date of death and compiling a schedule of the Assets and Liabilities of the estate.
- Preparing the Assets & Liabilities Schedule.
- Arranging Notice to Creditors, if appropriate.
- Completing any inheritance tax forms and calculating and arranging payment of any inheritance tax due from the estate which can be made by instalments if appropriate.
- Preparing IHT 400 and supporting Schedules.
- Preparing the Oath for the Personal Representatives/Executors to swear.
- Making the application for Grant of Probate or Letters of Administration.
- Sending the Grant to you so you can collect in the assets and pay liabilities yourself and complete the administration of the estate yourself.
- Receiving part payment in advance of £240 (then interim monthly invoices thereafter.)
If you wish us to deal with the deceased’s Life Time Tax Return to date of death there will be an additional charge for each return (HMRC can go back 6 years.)
Please note that this estimate is appropriate where an IHT 400 must be completed and no more than 4 supporting Schedules. If as the case continues it becomes clear that further IHT Schedules are required or the case is more complex than originally known then you will be sent a revised estimate.
APPENDIX 1
Silver Probate Service (IHT 400 and up to 4 supporting schedules and Standard) Level 2
GRANT ONLY:
This is a ‘Grant Only’ service where you provide copy letters relating to the deceased’ assets, income and liabilities. Assets will include shares, investments, pensions, tax returns, tax references, state pensions, salaries, property details, foreign assets and any foreign income. From this information provided, the lawyers will then write to the institutions to find out the date of death balances due to or from the estate.
From the figures provided by the institutions, they will prepare an Oath and IHT 400 and send them to you for signing or swearing. On return, they will be sent to the Probate Registry in order to obtain the Grant and send the grant to you, once the fees have been paid, so that you can collect in the assets and distribute the estate.
We can get you an estimate of costs if you contact us.
We consider an estate to be ‘Standard’ where none of the following apply to the estate:
- gift out of income or
- substantial gifts within the last 7 years over £150,000, or
- the deceased has set up a trust during their life- time or was a life tenant or income beneficiary of certain trusts, or
- the estate comprises a business or
- there are foreign assets over £100,000 or foreign issues.
If any of the above apply, our Gold Probate Service is the appropriate service for you.
A broad outline of the work we are to carry out for you is:
- Receiving a completed family tree and advising the next of kin where there is no Will of the relevant intestacy provisions;
- Being informed whether deceased was widowed or divorced and being supplied with details
- Advising on any appropriate Deeds of Variation;
- Receiving a copy signed Will (if there is one.)
- Receiving an ORIGINAL death certificate.
- Receiving all paperwork relating to assets & liabilities, pensions, life insurance, HM Revenue & Customs, Tax Returns (e.g. copy letters showing address of institution and account number.)
- Writing to the asset and liability holders of the estate informing them of the death and obtaining details of the financial position as at the date of death and compiling a schedule of the Assets and Liabilities of the estate;
- Preparing the Assets & Liabilities Schedule
- Arranging Notice to Creditors, if appropriate;
- Completing any inheritance tax forms and calculating and arranging payment of any inheritance tax due from the estate which can be made by instalments if appropriate;
- Preparing IHT 400 and supporting Schedules
- Preparing the Oath for the Personal Representatives/ Executors to swear;
- Making the application for Grant of Probate or Letters of Administration.
- Sending the Grant to you so you can collect in the assets and pay liabilities yourself and complete the administration of the estate yourself, once fees have been paid.
- Receiving part payment in advance of £240 (then interim monthly invoices thereafter)
If you wish the lawyers to deal with the deceased’s Life Time Tax Return to date of death there will be an additional charge for each return (HMRC can go back 6 years)
Any estimate is based on the information you provide. Please note that this estimate is appropriate where an IHT 400 must be completed and no more than 4 supporting Schedules. If as the case continues it becomes clear that further IHT Schedules are required or the case is more complex than originally known, then you will be sent a new estimate.