How does probate work in the UK

 

 

 

Probate in the UK is the legal process of handling a deceased person’s estate, including their money, property, and possessions. Here's how the process works:

1. Determine if Probate is Required

• Probate is usually required if the deceased owned significant assets in their name only, such as property or large bank accounts.
• If the estate is small or jointly owned with a surviving spouse (e.g., a joint bank account), probate might not be necessary.

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2. Value the Estate

• List all the deceased’s assets (e.g., bank accounts, property, investments) and liabilities (e.g., debts, mortgages).
• Notify financial institutions to freeze accounts and obtain valuations.
• Calculate the net value of the estate (assets minus liabilities).

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3. Check for a Will

• If there is a will: The named executor(s) in the will must apply for a grant of probate.
• If there is no will: The estate is distributed according to the laws of intestacy, and a relative must apply for letters of administration.

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4. Apply for a Grant

• Submit an application to the UK Probate Registry, including:
  • A completed probate application form (e.g., PA1P if there’s a will, or PA1A if there’s no will).
  • A copy of the death certificate.
  • The original will (if available).
  • An inheritance tax (IHT) return (see below).

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5. Handle Inheritance Tax (IHT)

• IHT must be paid if the estate exceeds the tax-free threshold (£325,000 as of 2024, with possible additional allowances).
• Submit an IHT form:
  • Form IHT205 for estates below the threshold.
  • Form IHT400 for taxable estates.
• Some IHT may need to be paid upfront to secure the grant.

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6. Administer the Estate

• Once the grant is issued, the executor or administrator gains legal authority to:
  • Collect assets (e.g., sell property, access bank funds).
  • Pay off debts and taxes.
  • Distribute the remaining estate according to the will or intestacy rules.

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7. Distribute the Estate

• Executors must distribute the estate to beneficiaries as outlined in the will or intestacy laws.
• Keep detailed records of transactions and obtain receipts from beneficiaries.

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8. Close the Estate

• After all assets are distributed and liabilities are settled, the probate process is complete.

Key Points:

• Probate can take several months to over a year, depending on the complexity of the estate.
• Legal advice is recommended for complex estates or disputes among beneficiaries.
• Online probate services are now available for straightforward applications.

Would you like to explore any of these steps in more detail