When a loved one dies there is often much admin to be done and dealing with Probate can be a time-consuming and confusing process, especially at a time when you and your family will be grieving your loss. Of the many administrative tasks to be completed, obtaining the Grant of Probate is one vital step to enable the person assigned as the Executor to administer the estate as per the wishes of the deceased, as detailed in the deceased’s Will.
How do I get the Grant of Probate? In our earlier Blogs, What is Probate and What Must You Do when Someone Dies and How to Calculate the Value of an Estate we gave you some useful insights into the various stages of Probate, one of which is obtaining the Grant of Probate.
The Grant of Probate is awarded by the Probate Registry Office. If you are acting for yourself then the details on where to send your application for Grant of Probate can be found on Gov.uk along with the relevant forms you will need to complete.
As the Executor, it will be your responsibility (unless you have recruited the assistance of a Solicitor) to complete all the necessary steps to allow your application for the Grant of Probate to be successful. These include:
- You must have the original Will. You will be required to provide this to the Probate Registry when submitting your application for the Grant of Probate. The original Will is retained by the Probate Registry and will not be returned to you. If no will can be found then the deceased will have died ‘intestate’ and as such, rather then applying for Grant of Probate, you will need to apply for Grant of Letters of Administration.
- You must have the original Death Certificate. This should have been already obtained from the Register Office. Again, you will be required to provide this to the Probate Registry when submitting your application for the Grant of Probate.
- You must have completed either the online form or in a small number of cases Form PA1P. Most applications are now completed using an online system. You will need to answer a number of questions. The answers to these questions generate a form known as a Legal Statement. This is signed by you as the executor and sent to the Probate Registry with the other required physical documentation. A small number of applications cannot be completed online in which case you will instead need to complete and submit a Form PA1P in place of the Legal Statement.
- You must have calculated and paid any Inheritance Tax due. The tax calculation and tax must be sent to HMRC who will send confirmation, by email, to the Probate Registry confirming that tax has been paid. This is not confirmation that the tax paid is correct but allows the Grant of Probate to be issued. HMRC will confirm at a later date if the tax paid is correct. In some cases, part of the inheritance tax can be paid by instalments and a set amount of the tax due must be paid before you can obtain the Grant of Probate.
How can a Solicitor help with the Grant of Probate?
Whilst the actual application for the Grant of Probate can be relatively simple, it is still a time-consuming task. It is, however, all the preceding work that needs to be completed, and completed accurately (with special emphasis on the inheritance tax calculations), where the assistance of a solicitor can mean a faster conclusion and more importantly, an accurate conclusion.
With the experience of a solicitor, you can rest assured that any inheritance tax due has been correctly calculated, removing the worry of any future surprise bills from HMRC for any unpaid tax.
To learn more about how we can help you with Probate please visit our dedicated Probate page on our website or please call us at any of our four Yorkshire based offices and one of our team will be very happy to help.
How do I get in touch?
Call us at any of our four offices to discuss your needs and to make an appointment.
Westbourne House, 99 Lidgett Lane, Garforth, Leeds, LS25 1LJ
Tel: 0113 246 4423
25 Bank Street, Ossett, WF5 8PS
Tel: 01924 586466
Sherburn in Elmet
6 Finkle Hill, Sherburn in Elmet, Leeds, LS25 6EA
Tel: 01977 350500
Bank House, 1 Burton Street, Wakefield, WF1 2GF
Tel: 01924 290029
About Claire Cutts
Claire is a Senior Private Client Solicitor at Thornton Jones Solicitors. Claire joined the Thornton Jones Private Client team in June 2021. Claire qualified as a solicitor in 2011. She specialises in offering advice on Wills, Probate, Lasting Powers of Attorney, Trusts and Court of Protection deputyship applications. Claire is a fully qualified member of the Society for Trust and Estate Practitioners (STEP) having attained her STEP Diploma in Will Preparation – England and Wales in January 2019. She is also a fully accredited member of Solicitors for the Elderly.