The personal representative needs a formal legal document from the High Court to confirm that they have the legal authority to deal with the assets of the deceased person. This document is called a grant of probate when issued to executors who are said to have ‘proved’ the Will. An administrator is given a grant of letters of administration.
UK Probate Valuations Service. We provide guaranteed house contents valuations for probate.
I.T.G specialize in valuing personal house contents possessions, we provide clear and accurate probate valuation & IHT valuations reports of house contents (Chattels) in accordance with HM Revenue and Customs guidelines.
I.T.G. probate or confirmation valuation provides a range of services to assist in the winding up of an estate. We provide our services to private individuals, solicitors, executors & administrators across the UK. Our aim is to make probate valuation as stress free as possible.
For executors who are not familiar with probate valuations and the process of obtaining probate, we have compiled a list of Probate Valuation FAQs | Probate Valuation Customer Comments | Probate Valuation FAQs | Probate Valuation Guarantee
Who may apply for a grant
There are rules which govern who may be given a grant if there is a Will
1) The executors named in the Will; or
2) If there are no executors, or the executors are unable or unwilling to apply, the next person entitled to a grant is any person named in the Will as trustee of residue or to whom the deceased gives all his/her estate, or the remainder after gifts are paid. If the residue (remainder) is shared between more than one person, all will be entitled to apply.
If the deceased has not made a valid Will, application for a grant should normally be made by their next of kin in the following order of priority:
1. Husband or wife
2. Sons or daughters*
4. Brothers or sisters*
5. More distant relatives*
Or if any have died in the lifetime of the deceased then their sons or daughters may apply.
I.T.G advises a grant cannot be issued to someone under the age of 18, but a minor may take the grant on reaching 18.
If there are illegitimate relatives the position is more complicated and legal advice may be needed.
If you are not sure whether you are entitled to apply you should still complete and return the forms and the registry will let you know. A maximum of four applicants may apply for the grant.
How to apply for a grant
Whether you are applying for a grant of probate or letters of administration the procedure is the same. The local probate registry (the address of which may be obtained from your public library or telephone directory) provides the forms and an accompanying leaflet, How to obtain probate, which tells you how to complete the relevant application forms according to the circumstances of the person who has died.
• The probate application (form PA1) – this asks for details about the person who has died, their surviving relatives, the personal representatives and details of the will if there is one.
In order to complete these forms it will be necessary for the personal representative to obtain the following information:
1. The value at the date of death of all assets owned by the deceased:
• the full market value of a house or flat or any other property, although a professional valuation is not normally necessary;
• the value of household goods, jewellery and belongings which should be shown as the sum for which they could be sold.
2. Details of any money owed to the dead person or to their estate.
3. Any debts owed by the person who has died, including tax (income tax and capital gains tax) due to the Inland Revenue.
This information will enable the personal representative to prepare a detailed list of assets and tax due from the estate for inheritance tax purposes and to make arrangements to pay this. The tax must be paid before a grant will be issued.
When all the forms have been completed they should be sent with the death certificate and the original Will (or any documents in which the deceased expresses any wishes about the distribution of their estate), to either the Probate Registry where you wish to be interviewed or the Probate Registry which controls the local office where you wish to be interviewed.
Do not send any papers to the local offices as this will delay the application. It is advisable to send the documents by recorded delivery after making a copy of the Will and other documents the copies should be kept in a safe place.
I.T.G notes It will be necessary for you to attend at least one informal interview to enable a grant to be issued and you should state on the probate application form, at section 1, which is the most convenient place for you to go. At the interview you will be asked to confirm the details which you have given and you will have an opportunity to raise any queries which you may have. You will be asked to sign a form of oath, and to swear or affirm before the interviewing officer that the information you have given is true to the best of your knowledge.
In most cases only one interview is required, but if the application is complicated there may be additional documents to be signed or you may be asked to contact other people, for example one of the witnesses to the Will. There is a standard fee on probate applications (made by personal applicants) of £130, except where the net estate is £5,000 or less in which case no fee is payable. At the interview you may request a number of official copies of the grant (for a small fee) – these may be used to send to institutions in place of the original grant. I.T.G warns an ordinary photocopy is not acceptable. A separate official copy is not required for each institution holding assets of the deceased, as each institution will register the particulars in their records and stamp the reverse of the grant and return it to the personal representative. However having several copies saves a great deal of time as each organisation may hold the document for several days.