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.

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.

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.

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.

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”?

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.

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.

The Will department of the Probate Bureau can advise on Will writing and draft a professional legal Will that best covers your interests. The Probate Bureau also provides storage facilities based in London, so even if your copy of the Will goes missing, following your death it can be produced easily.

The inheritance laws are simple to understand and in the absence of a Will, they will be applied. For example, the law does not count any non-legalised relationships such as cohabitation as grounds for inheritance. If this is your situation, it might be that following your death, your beloved partner of 20 years is left with nothing while your long lost brother in Australia inherits the lot! An extreme sounding scenario but sadly this is not that uncommon. Friends or carers are likewise ignored, despite any extenuating circumstances or special relationships you may have.

If you have children or dependents, your Will protects their future and outlines their future care in accordance with your wishes on what is best for them. You can also make a charitable donation. Wills help charities continue with their vital work and even a small bequest is appreciated.

In some cases, you may need specialised legal advice before Will writing. A watertight Will is essential if there are a number of people, who could make a claim on your property, for example. Other types of more complex Wills include the setting up of a trust fund from your estate or there may be other issues. Wills can be as complex or as simple as you need and taking professional advice is crucial to making the best decision. Remember that Wills must be updated following changes of circumstances, for example following a divorce, or birth in the family.

Wills make life much easier for your family after your death. You can state whether you wish to be buried or cremated and the type of service you want. Although you may feel at the time of Will writing that you do not really care, it will help your family at a time when they will be struggling to cope with bereavement following your death.

Wills help keep things simple and avoid the cost and upset of litigation after your death. Many people enjoy the process of Will writing and find peace of mind knowing that all their affairs are in order. Contact the Probate Bureau and find out more about their Will service and fees and if you live in or around the London area or in England meet with a representative in your own home.

Although trusts can be set up at anytime, the best option for most people is to create a trust as part of the will. After all, unless you have a lot of property and assets, while you are still living you can probably administer your financial affairs yourself. Although there can be tax advantages to setting up a trust to work while you are still alive, most people do not have enough assets to make this option viable and it is simply not worth the expense.

A trust as part of a Will can help protect your family if anything happens to you. If you have children, you can stipulate that your estate can be held in trust for them until they are old enough to be able to be trusted with financial decisions. That way you will know that they will not blow the lot on a round the world trip or a ritzy pad in London once they hit 18! You can instruct the trust to make regular payments to them but they will not have access to the fund. You can set an age when the fund can be released, based on when you judge that they will be mature enough to look after a lump sum of money.

You can also stipulate where the trust money is to be spent. For example, you can specify that it be used only for educational purposes such as school or university fees, and earmark that the release of further funds will be dependent on gradation or passing exams. A trust fund ensures that the inheritance you leave your children and dependents will remain intact and not at risk from third parties, bad advice and youthful exuberance.

Trusts can enable you to continue to help your descendents after you have gone. By adding a trust to your Will it will help you benefit the next generation. If you do not have children yourself, you can set up a trust fund for someone else, the children of close friends, a charity, a cause you believe in, or anything else that you chose.

However you feel about money, one thing is certain you cannot take it with you! Making a trust will allow you to carry on doing your best for your family or your favourite charity long after your death. If you wish to find out more about Trusts and get some professional advice you can contact the Probate Bureau. If you live in London or the South East, you can meet with an adviser in your own home.

The point is that when most people die they leave a whole range of affairs that need to be sorted out. The probate process usually falls to the next of kin to arrange, just at a time when they are suffering from the grief of bereavement. It is a complicated process that has to be dealt with at a time when many people freely admit to not being able to think straight.

The term probate simply means administering or looking after the estate of someone who has died. When you consider the amount of paperwork and assets that most of us accumulate in a lifetime it can be a big job. Property, pension plans, tax ,premium bonds, contracts, stocks and shares, bank accounts , insurance policies all have to be sorted out and any proceeds from these must be passed on to the correct recipients.

The affairs of someone who dies are often messy and complicated especially if the death is unexpected, and they must be arranged and dealt with according to the law. The probate process is part of this legal function and is in place to protect against financial wrongdoing after a death.

If there is a Will, an executor or executors will have been appointed by the deceased, beforehand to deal with affairs in the case of death. The executor must apply to the probate registry for a grant of probate and this gives them the legal right to deal with the deceased persons assets in accordance with the terms of the Will.

If the deceased person has not made a will and has died intestate, the next of kin must apply for a letter of administration to be able to carry out the probate process.

The Probate Bureau was set up to help people through this difficult time and offers a range of services that will help you. Whether you wish to do probate yourself or employ a legal representative to do it for you, the Probate Bureau will be able to help you do the right thing and carry out your obligations.

In some cases, a grant of probate or letter of administration is not required. If the estate of the deceased is under £5,000 for example, it may not be necessary. However making this decision in itself can be complicated and you may run the risk of failing to locate funds that legally may be owning to you or the family. There are estimated to be millions of pounds left unclaimed from deceased accounts in London alone so it makes sense to get the correct legal advice and make sure that the probate process is carried out correctly, why not use the Probate Bureau.