How to avoid the probate pitfalls

A look at the steps to take in England and Wales (the process differs in Scotland and Northern Ireland).

 

Step 1 – Value the estate to see if you need a grant of representation.

When you might not need a grant of representation

A grant may not be needed if the estate:

is a low-value estate - generally worth less than £5,000 (though this figure can vary) – and doesnít include land, property or shares passes to the surviving spouse/civil partner because it was held in joint names

When you contact the deceasedís bank or other financial institutions, they will either release the funds or tell you to get a grant of representation (or confirmation) first.

Some banks and financial institutions may insist on a grant before giving you access to even a small amount of money.

When a grant of representation is usually needed

You will almost certainly need a grant if the estate includes:

assets generally worth more than £5,000 in total (though again this figure varies)

land or property in the sole name of the deceased, or held as tenants in common with someone else

stocks or shares

some insurance policies

Step 2 – Applying for a grant of representation

Youíll have to fill in an Inheritance Tax form in addition to the PA1 Probate Application form, even if the estate doesnít owe Inheritance Tax. The estate will only owe Inheritance Tax if itís over the threshold currently £325,000 (frozen until April 2014).

The Inheritance Tax forms you need depend on the following:

where the deceased lived – England and Wales, Scotland, Northern Ireland or abroad

the size of the estate

whether it is an excepted estate (i.e. you donít need to fill in a full Inheritance Tax account – form IHT400)

Usually, if an estate has no Inheritance Tax to pay, it will be an excepted estate. However, this is not always the case. Some estates that donít owe Inheritance Tax still require a full Inheritance Tax account.

If youíre not sure whether the estate is an excepted estate, youíll need to start filling in a Return of Estate Information form (form IHT205 in England and Wales).

Depending on your answers to certain questions, the form will make clear when you should stop filling in that form and switch to form IHT400 (a full Inheritance Tax account) instead.

Step 3 – Send the forms to the relevant government bodies Send completed IHT205 forms and the PA1 Probate Application form to your nearest Probate Registry.

Youíll also have to include the original will (if there is one), the death certificate, and the probate fee. If youíve filled in form IHT400, follow the instructions on page 55 of the IHT400 guidance notes.

The process is different in Scotland and Northern Ireland.

Step 4 – Pay any Inheritance Tax due

If the estate owes Inheritance Tax, you wonít receive the grant of representation (or confirmation) unless you pay some or all of the Inheritance Tax first. The due date is six months after the date of death.

Steps 5 to 7 – What happens next?

Once youíve paid any Inheritance Tax and sent off the forms to the Probate Registry, the process takes about eight weeks if there are no problems. There are three stages:

examination of forms and documents - Probate Registry staff check the forms and documents and prepare the papers for your interview

swear the oath – all the personal representatives who have applied for a grant of representation will need to swear an oath, either at the Probate Registry or local probate office

probate is granted - the grant of representation is sent to you by post from the Probate Registry

After you get the grant of representation (or confirmation) and have paid any Inheritance Tax due, you can collect in the money from the estate. You can then pay any debts owed by the estate and distribute the estate according to the will or the rules of intestacy.