A Guide To Probate

The death must be registered, and official copies of the death certificate obtained.

The original Will should be located and reviewed to confirm who the Executors and beneficiaries are.

All assets and liabilities must be identified and valued, including:

• Property
• Bank accounts
• Investments
• Personal possessions
• Debts and liabilities

An assessment must be made to determine whether Inheritance Tax is payable and the appropriate HMRC forms completed.

The Executors or Administrators apply to the Probate Registry for the appropriate Grant.

Once the Grant has been issued, financial institutions and other asset holders can release funds to the estate.

Outstanding debts, taxes, funeral expenses, and administration costs are settled.

The remaining estate is distributed to the beneficiaries entitled under the Will or intestacy rules.

A Standing Search performs two functions:

1. It monitors the Probate Registry records for six months from the date the search is entered. If a Grant is issued during that period, the applicant is automatically sent a copy.
2. It also searches for Grants issued within the previous twelve months.

The search can usually be renewed before the six-month period expires if required.

Standing Searches are commonly used where:

• A person believes probate may shortly be applied for
• Someone intends to make a claim against an estate
• A beneficiary or family member wishes to monitor the estate administration
• There are concerns regarding the validity of a Will
• A person needs to know the exact date probate is granted for limitation purposes

In contentious probate matters, a Standing Search can be particularly important because some claims must be brought within strict time limits after the Grant is issued.

An application for a Standing Search generally requires:

• The deceased’s full name
• Any aliases or previous names
• Last known address
• Date of birth
• Date of death (or estimated range if unknown)

Accurate information is important to ensure the search is successful.

No. A Standing Search does not prevent probate from being granted. It simply notifies the applicant when a Grant has been issued.

If someone wishes to prevent a Grant from being issued temporarily, they may need to consider entering a Caveat instead.

There are three types of Grant of Representation:

• Grant of Probate – where there is a valid Will and all Executors are acting
• Letters of Administration with Will annexed – where there is a Will but no Executor is able or willing to act
• Letters of Administration – where there is no Will

Whether you need a Grant depends on the estate. For example, if there is a property to sell, a Grant will usually be required. Financial institutions may also require a Grant before releasing funds.

Probate timescales vary depending on the estate and Probate Registry processing times. Delays at the Probate Registry can mean it takes more than 16 weeks to obtain a Grant of Representation.

You should first check the deceased’s personal papers and contact any solicitors they may have used during their lifetime. You can also search the National Will Register, where many solicitor-prepared Wills are registered.

If no valid Will can be located, the deceased is treated as having died intestate and the intestacy rules will apply.

An Executor may be unable to act because they have died, lost mental capacity, or do not wish to act. In some circumstances, a residuary beneficiary may be able to apply to administer the estate instead.

Not necessarily. Whether Inheritance Tax is payable depends on the value of the estate, the reliefs and exemptions available, and who inherits the estate.

Executors or Trustees will usually hold the beneficiary’s inheritance on trust until they reach the age specified in the Will or, if none is specified, until they reach 18. Funds may sometimes be used earlier for maintenance or education.

Personal Representatives should take reasonable steps to locate missing beneficiaries. This may include contacting relatives, advertising locally, or instructing tracing agents or genealogists. In some cases, the court may grant a Benjamin Order allowing the estate to be distributed despite the missing beneficiary.

The Personal Representatives are responsible for arranging the funeral, although family members often assist with practical arrangements.

If there are sufficient funds in the deceased’s bank account, the bank may pay the funeral invoice directly to the funeral director. Otherwise, the Personal Representative may pay the costs personally and recover them later from the estate.

In most cases, property owned solely by the deceased cannot be sold until probate has been granted, although there are limited exceptions, such as jointly owned property passing automatically to a surviving owner.

This depends on how the property was owned. Probate is generally required where the deceased owned the property in their sole name.

A Standing Search is an application made to the Probate Registry to notify you if a Grant of Representation is issued in relation to a deceased person’s estate. The search remains active for six months and can usually be renewed. It is commonly used in contentious probate matters or where someone wishes to monitor the progress of an estate administration.