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”?

The probate process can be complicated, depending on circumstances and also time consuming. Unless you have already had the experience of dealing with probate, the sheer amount of paperwork can come as a shock. Although it is perfectly legal to make a probate application yourself, many families find this distressing especially in the early days of bereavement. In some cases, probate can take around nine months to complete – often longer if property or a large sum of money, beneficiaries debitors or creditors are involved. The probate format that you need to apply for, will depend on the financial circumstances of the deceased and whether or not a Will has been made.                             

If there are estimated to be over £5,000 of assets left in the estate after funeral costs, you will need to apply for probate as a legal requirement. There are three types of probate format. If a Will has been made, you will need to apply for a Grant of Probate. If there is no Will, you have to apply for Letters of Administration and if there is a Will but no Executor has been appointed you will need Letters of Administration with Will annexed. All these enable you or the solicitor or professional to administer and bring the estate to closure and distribute the funds correctly.

Whether or not you are named in the Will, when you make your probate application you will be known as the personal representative.

There may be no need to apply for probate if there is less than £5,000 left in the estate after funeral costs. In many cases this can be distributed without any formal title so you will probably be able to administer the estate by simply producing the death certificate to the relevant authorities and establishments such as the banks and HM pensions etc. If there is to be an inquest into the death, the Coroner’s Court should provide you with interim death certificates so that you can start the process yourself or make your probate application in the same way. Remember that all deaths have to be registered within 5 days and a death certificate issued.

Even if you do not need the probate process, you may need to have professional representation. Many banks and building societies require that you sign a form stating that you agree to divide the estate in accordance with intestacy laws or the terms of the Will and insist that this be witnessed by a solicitor. The Probate Bureau can advise you on this and whether or not it will be in your best interests to apply for probate.

Resolving even a small estate is still complicated and it is best to take some advice before you start. If you contact the Probate Bureau beforehand, they will be able to advise you whether probate is necessary. They can also advise and help with your probate application should you need it.

Whatever your circumstances, if you are a close relative or executor of a Will you will need to think about the probate process following bereavement. Contact the Probate Bureau to find the best probate format for you.

A situation that many people find themselves in, at least once in their lives, is dealing with the financial and personal effects of somebody close following their death. In most cases, the majority of adults will have left some sort of estate and Probate – the word literally comes from the Latin “to prove,” is the legal process of administering the estate of a deceased person. It has to be done and if you are the person to do it, chances are you will need some probate support because it can be lengthy and complicated. Whether you are named as the Executor of a Will or are the next of kin of someone who has died intestate (without Will) getting probate help and finding out the correct probate information is essential. Many people shy away from using solicitors because of the cost of legal fees, but most need some professional probate advice throughout this time to help them through.

The Probate Bureau was set up to offer probate support to people in this position and provides a cost effective alternative to your High Street solicitor .Specialists in all aspects of Wills and Probate, you can be confident of an accredited professional service at a reduced cost. Unlike solicitors who operate under an open ended hourly rate they will quote a fixed price in advance. They can do this by working with a network of trained financial advisors and solicitors but carrying out much of the routine paperwork in office.  Much of the probate process deals with administration, and as most people know, even a routine letter from a solicitor’s office will be expensive.

You can get probate help by simply contacting the Probate Bureau via their free phone number. By getting the right probate information, you can find out whether your case even needs to go to probate because in some cases where the estate is small or property jointly owned, you may find that it is not necessary. In situations where the estate is straightforward, you may find that you only need some probate advice to start you on the way because you are confident that you can do it yourself. By getting some immediate probate information, you will be able to assess what is right for you.

Because most of us only ever have to deal with probate a couple of times at most in a lifetime, it can be hard to know where to turn to find probate help in your hour of need. The Probate Bureau will offer probate support every inch of the way, no matter how straight forward or complex your situation is. In addition, with no money required in advance and a set fee payable once the estate is released, you can feel confident that you have made the right decision.

You can contact them Probate Bureau for free probate information and arrange to meet with a trained representative in your own home. Getting the right probate advice and as much probate support as you need will ensure that you carry out this important role in the best way possible.