HOW TO OBTAIN PROBATE

This leaflet is to explain how to obtain probate if you have decided not to employ a solicitor.

If you make a personal application for a Grant of Probate you will be required to attend an appointment at one of the interview venues.

The Probate Registry is at
William Street, Brighton BN2 2LG
Telephone: 01273 684071

There are interview venues at Horsham and Chichester.

What is Probate?

When a person dies somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. In order to get authority to do this they usually need to obtain a legal document called a Grant of Representation from the Probate Registry.

Grant of Probate transfers all of the property of the person who has died to the person holding the Grant of Probate.

There are three types of Grant of Representation.

1. Probate
   
   Issued to one or more executors named in the deceased's Will. Note: Executors are people named in the Will to deal with the estate.
   
   
2. Letters of Administration (With Will)
   
   Issued when there is a Will but there is no executor named or when the executors are unable or unwilling to apply for the grant.
   
   
3. Letters of Administration
   
   Issued when the deceased has not made a Will, or any Will made is not valid.

Throughout this leaflet the term "grant" will be used to mean whichever type of Grant of Representation you may need.

Why is a grant necessary?

Organisations holding money in the deceased's name need to know to whom that money should be paid and the grant is proof that the person in it may collect the money.

When a person dies the estate left passes to the people named in his or her Will. If there is no valid Will it passes to his or her next of kin.

The distribution of the estate is the responsibility of the person named in the grant.

Is a grant always needed?

Sometimes a grant is not required and you should ask anyone holding the deceased's money whether they will release it to you without seeing a grant. If they agree they may attach conditions such as asking you to sign a statutory declaration before a solicitor. It is for you to decide whether it is cheaper or easier to do this than to apply for a grant.

A grant may not be required in the following cases:-

• If the estate is small some organisations such as insurance companies and building societies may release the money to you at their discretion.
• If the whole of the estate is held in joint names and passes automatically to the surviving joint owner. If you are in doubt on this point you may need to ask a solicitor whether a grant is needed to change the ownership of an asset.

Note: A grant will always be required to sell or transfer a property held in the deceased's sole name.

Important

Do not advertise any house for sale too soon after the owner's death, as a sale cannot be completed until you have obtained the grant. The date of the issue of the grant cannot be guaranteed to coincide with the final stages of any sale.

Am I entitled to a grant?

There are rules which govern who may be given a grant.

The following points are a brief guide for you:-

• If there is a Will with named executors they are the first people entitled to a grant.
• If there are no executors or the executors are unable or unwilling to apply, the next person entitled to a grant is any person named in the Will to whom the estate or remainder of it, after gifts have been paid, has been given.
• If the deceased has not made a Will, application for a grant should normally be made by his or her next of kin in the following order of priority:-

• Lawful husband or wife (Note: Common-law partners have no entitlement to a grant)
• Sons or daughters*
• Parents
• Brothers or sisters*
• Grandparents
• Uncles or aunts*

* Or if any have died in the lifetime of the deceased, then their children may apply.

Note: A grant cannot be issued to any person under the age of 18.

If you are not sure whether you are entitled to apply the Probate Registry will let you know.

If the person who is entitled to the grant does not wish to apply, they may appoint someone else to be their attorney to obtain the grant on their behalf.

Will there be any tax to pay as a result of the death?

The tax on the estate of a person who has died is called Inheritance Tax. It is dealt with by Inland Revenue (Capital Taxes). It only applies to very small percentage of estates. If Inheritance Tax is due, you normally have to pay at least some of the tax before they can issue the grant.

How do I apply for a grant?

The four stages to apply for a grant are set out below:

1. Obtaining the forms
   The following forms may be obtained from your nearest Probate Registry:
   • The Probate Application form (PA1)
   • Account of the estate [IHT205 (yellow form) and instruction booklet IHT206]. This form asks you to give details of the deceased's estate at the date of death.
   • Form IHT205 is applicable in most cases but if it does not apply in your case you will need to complete a full Inland Revenue Account (form IHT200).

2. Returning the forms
   When the Probate Registry receives your application they will examine it and contact you if there are any difficulties.

3. Attending the appointment for interview
   The purpose of the appointment is to confirm the details that you have given on the forms and to answer any queries.

You will receive further information about the interview with your appointment letter but basically you will be asked to sign a form of oath and to swear or affirm before the interviewing officer that the information you have given is true to the best of your knowledge. The interview should last no more than ten to fifteen minutes.

When will I be interviewed?

No appointment can be given until your application has been examined and any queries resolved. You will then be given the earliest available date at the interview venue you have chosen. It is difficult to say how soon you will be interviewed as the number of applications waiting to be dealt with varies but, in straightforward cases, the appointment will usually take place within a month of your application being received. You will usually be able to get an earlier appointment at one of the controlling Probate Registries if required.

What happens after the appointment for interview?

After your appointment the grant will be prepared by the Probate Registry and sent to you by post with any copies you have ordered.

The interviewing officer should be able to give you an estimate of how long this will take.

When you receive the grant you can show it to any person or organisation holding the deceased's money or property in order that the asset can be released, sold or transferred. You may however, be asked to provide an official copy of the grant before this can be done. If you need to order further copies of the grant after it has been issued you should write to the Probate Registry which issued the grant, but please note that the copies will be more expensive than those ordered at the time of application.

Please note that the responsibility of the Probate Registry ends when the grant is issued. They are unable to assist you in dealing with the estate after that. If you have any problems in administering the estate you should seek legal advice.

This leaflet prepared (using information from The Court Service) by:

HORSHAM & DISTRICT CITIZENS ADVICE BUREAU