What is Probate?

Probate is a far reaching term that applies to a number of situations in the world of wills – although in all cases the general gist of the meaning remains the same. In a nutshell though, it is a term used when someone is applying to have the legal right to deal with the affairs of a deceased person and it is also often called “administering the estate”.

There are two different types of probate and these occur when a person dies and neglects to leave a will, and when a person dies but does leave a will. In each instance, the act of applying for probate is different. When a person does leave a will, the process is a lot simpler – they simply have to apply to the Probate Registry and they are given the authority to administer the estate through a “grant of letters of administration”. With deceased people not leaving a will, the application still goes to the Probate Registry, but should the application be successful, a “grant of probate will be issued” instead.

In both circumstances, the person holding the legal right to administer the estate will be responsible for dealing with all of the affairs that the deceased person has left behind, such as bank accounts, property and other details. It is possible for more than one person to act in this role, should the amount of work be too much for an individual to cope with themselves, or when a child will be in receipt of the deceased person’s assets.

Do I Need Probate?

There are certain situations when probate is always needed, but at the same time there are a number of different situations where probate is not needed. Probate will always be needed when dealing with any shares or stocks that a person has and also when dealing with some insurance policies. It will also be needed should the deceased own a piece of land or property that is registered in their own name or as “tenants in common”. When dealing with the above aspects, most organizations will refuse to release any funds until they have seen the probate documentation. In some cases though – usually when the amounts are very small – the organization will release the funds at their own discretion.

Probate will not be needed in situations whereby the person died had less than £5,000 in their possession or, more commonly, when all of their assets are jointly owned by someone else and therefore they automatically become the co-owner’s property. This means that spouses of a deceased person usually don’t need to apply for probate for the property that they shared.

Deciding whether or not you need to apply for probate is a simple process. All you need to do is simply send a copy of the deceased person’s death certificate to the organization that holds the money you want released. They will then respond to you and let you know whether probate is required or not. If you want the pain taken out of the probate process, just contact the probate bureau for advice and help.

The issue of probate can often be a really stressful one for anyone in the position of having to apply for it, as not only do they have all of the pressure of looking after a deceased person’s estate, but they are also often still heavily involved in the grieving process as well. Because of this huge amount of pressure, many people look for outside advice when going through the process of probate and there are a couple of different places that provide probate advice and help throughout the country. So, if you need probate advice and help then the places listed below could be the perfect choice for you to look at…

Government Websites

Although most people are slightly wary of anything to do with the government, the fact is that they are the single most reliable people to go to should you require probate advice or need probate help. After all, they are not looking to make any money from you – all they want to do is ensure that you go through the correct channels and that you sort your problem with the minimum amount of fuss, both to yourself and to the system that deals with the process!

There are a number of different official sites out there dealing with the issue of probate, but the best one for a general overview of the process and for finding contact details of trustworthy people to speak to is without doubt the direct.gov website. This deals with a huge multitude of issues, of which probate is just one. It will also talk you through related aspects of the whole process, such as registering a death correctly.

Independent Sites

There are a number of different sites out there that devote their whole business to assisting people with problems relating to probate and providing probate advice and assistance. Granted, they will charge a fee for their services, but they will also take a lot of the pressure away from you and allow you to spend time with your family and friends while you go through the grieving process.

The number of different independent sites online for your area will be quite staggering and it is often difficult to decide on whom to use. The best way to decide is to both speak to people you know who have used the services, therefore getting opinions on whether they were satisfied, and to also look online and read reviews of the different companies. Also, speak to them individually and ascertain the amount of money they charge and also, more importantly, the level of service that they offer.

Whether you choose to seek advice from the government or whether you choose an independent company, such as: Probate Bureau, the fact is that you will be in a much better place than you were when you had absolutely no assistance whatsoever. Don’t be afraid to ask for probate help and adv ice – after all, the whole process is often a confusing one, especially if you haven’t been through it before.

One of the unerring facts of life is that whenever you want something doing, you will almost certainly have to fill out a huge number of forms before the process gets rolling. Unfortunately this is the case when it comes to the probate process, as there are a number of different forms that you will have to deal with before you are granted permission to deal with the estate of a deceased person. This is true regardless of whether the deceased person has left a will or not, so it is important to understand the probate process and to be prepared to fill in the necessary probate forms…

Form PA1

Form PA1 is the standard probate form that everyone has to fill out when they are applying for probate, regardless of whether a will has been left or not. It is simple to obtain as it can be downloaded straight to your computer from the HMRC website, although it is also possible to order it through the post as well. To accompany this probate form there are also a number of different leaflets (named PA1A, PA2, PA3 and PA4) which will guide you through all of the different sections of the form to make sure that you fill it out correctly. Please note that this form only applies to people living in England and Wales. For those in Scotland and Northern Ireland, different forms must be used and they are also available to download from this website.

IHT205 (2006) Probate Form

This probate form is to be used in the event of the deceased’s estate being classed as an “excepted estate” and if they died after 1^st September 2006. An excepted estate is classified as an estate that is of low value (usually under the Inheritance Tax threshold of £325,000). It is also the case that British nationals living abroad can have excepted estates, as can those leaving all of their estate to a spouse or charity.

IHT207 (2006) Probate Form

This form is required to be filled in should the deceased live abroad or have limited assets. It is the case that everyone using this form should also fill out the IHT207 form mentioned above as well, although everyone filling in that form won’t necessary have to complete this one as well.

These are just a few of the forms that you will find yourself coming face to face with when applying for probate and dealing with the related issues surrounding it. There will be more as well, which is why it is often prudent to hire the services of a business that specialises in completing the process. Although they will charge for this service, it does mean that they can help with everything from the initial probate application form all the way through to the more complex probate forms that can come along later in the process. They can also take all of the pressure off your shoulders, therefore meaning that you can get on with your life and not worry about the administrative chores that you have to complete.

Probate administration is something that is not an easy process to understand. With the reams of different pieces of paperwork, the different organizations that need to be contacted and the task of speaking to all of the people affected by the deceased’s estate, there is a huge amount to do and not a massive amount of time to do it in. Add to this the fact that the person at the front of the probate administration will also probably still be grieving for the loved one that they lost, then it is clear to see that help and advice is often needed. This article aims to go through the different areas of probate administration that you might encounter if placed in this unfortunate position and to provide guidance as to how to deal with each situation as well.

The first thing that anyone about to embark on the process of probate administration will need to do is contact the Probate Registry to inform them that they will be dealing with the deceased person’s assets. If a will has been left then the Probate Registry will issue a “grant of probate”, while if no will has been left then they will issue what is known as a “grant of letters of administration”. In both circumstances, these will give the individual the legal power to administer the deceased’s estate. Contacting the Probate Registry is simple and can be done through their web site.

Distributing the estate is often the most stressful part of probate administration. Generally speaking, if a person dies and leaves a will the process is a lot simpler. This is because the person administering the estate simply has to follow the wishes of the deceased person, along with the executors of the will, who would be named in the document itself. In fact, the executors are the people most likely to become the administrators in the first place.

Things get more complex when someone does not leave a will though, as there can often be conflicting views as to how the assets are divided among relatives. To combat this, the Rules of Intestacy will apply, which means that the estate will be given to the next of kin, whether this be a spouse, child or grandchild. If there is no next of kin then the money will revert to being the property of the government. For this reason, those with no next of kin should always ensure that they make a will.

Although this is only a basic outline of the process of administering probate, it is already clear to see that the amount of work that it takes can be large. For this reason many people often employ the services of a professional company to deal with the whole process – all the way from applying for the relevant documents to administering the estate as well. Their experience in the industry will ensure that everything is done in the correct way and that you can relax in the knowledge that there is no pressure on your shoulders.

A death of a loved one can be a steep learning curve for the next of kin. As well as the shock of bereavement, there can be a mountain of paperwork and affairs that need to be put in order quickly. Pension plans, tax rebates, property, bank accounts and financial affairs all have to be settled and tied up after death. If you need to ask the question, ”do I need probate” the answer is Yes, you probably do!

Unless, the death is sadly of someone so young they have not had time to establish their own financial affairs, you will probably need to obtain probate in order to deal with the estate – the term used to describe all the belongings, money and effects of the deceased. In addition if, the estate is small or the sum total of money is a small amount of cash or personal belongings or involves a property owned jointly by a spouse it may also not be necessary. It is best to check by phoning the Probate Bureau and simply asking them do I need probate before you start. They will be able to advise you over the phone or make an appointment in your own home for a trained adviser to visit.

So when do you need probate? Whenever there is property, bank accounts, stocks or shares, tax issues or the estate is worth more than £5,000, it is a legal requirement. The Probate Bureau has a network of solicitors to deal with cases that require legal representation and can deal with specialised cases such as those involving trust funds or property abroad.

Do you need probate if there is a Will? 

Yes, in most cases, but the type of probate will be different to that of a person who dies intestate or without a Will. The probate bureau can advise you and help your probate application.

Do I need probate to claim back the funeral expenses?

Not necessarily. However, it all depends on the size of the estate. The most usual method of dealing with an estate is to open a designated bank account specifically to deal with all the payments and this can be used to pay expenses. The Probate bureau can advise you and help you keep the accounts throughout the probate process.

Why do you need Probate to administer your loved one’s affairs?

Because it is a legal requirement that shows the banks, financial institutions and everything else that you have the legal right to be winding up another person’s affairs. All the dealings are monitored by HM Courts and Tribunal services and are overseen by the local Probate registry. Without this safeguard it is possible that people could become victims of fraud – considering that there can be a lot of money at stake.. After bereavement, it is advisable to get professional probate advice as soon as possible to minimise this risk. You can make a start by contacting the Probate Bureau’s free phone help line, and simply asking, “Do I need probate”?