Probate Guide

bunnygo

I am sorry for your loss.

There are online guides but almost all of them are out of date  - there were no rules from Jan 1 and the process has been simplified. The Bereavement Advice Centre are helpful but again their guide is hopelessly out of date. I wrote to them with polite details but have been ignored.

many banks have a high 'no probate 'limit and you can probably get assets transferred to you without it so you can get on with day-to-day stuff. Always ask for the bereavement team at any organisation who will be kind and as helpful as they can be.

here's what I can offer regarding the process having done it recently as a member of the public. (i.e a random on the internet) Assuming you are the executor and this is England/Wales:

1) get the original of the will

2) put together a complete list of all the assets in the estate; that is everything that was solely his. Also list everything jointly owned - the value for the estate is half of that. If there is a house, you'll need an estate agent valuation; they shouldn't charge for this and if it is a spouse-to-spouse transfer they probably won't even visit.

3) follow instructions here: https://www.gov.uk/applying-for-probate/before-you-apply

 ...to estimate the value of the inheritance tax. If you are his wife and everything is left to you, there will be nothing to pay but you still have to get this information. (since Jan this year you no longer have to submit separate inheritance tax forms if the estate is exempt). This generates three values to go on the application.

you also have to do a separate calculation of the gross and net values for probate. The guidance for that is also on gov.uk, it should come up during your application (I can't find it at the moment)

4) apply for probate; online is easier. https://www.gov.uk/applying-for-probate/apply-for-probate

 These pages also tell you how to pay the fee and link you to the webchat if you need help with the application.

5) submit the form. You will then need to post them the original of the will and one of the certified copies of the death certificate. The will does NOT come back so make sure you have a copy in case of any queries. Lesson learned for me: if the will is printed double-sided, put on a post-it note stressing that. If there are blank pages in the will, add a post-it note pointing to the page number. The scanning is done by an outsourced company in Harlow and things can go wrong.

6) in due course you will get an acknowledgement of your application, and the death certificate will come back.

7) you are told to wait 8 weeks at least, you can chase it after that via the webchat. Any queries add another six weeks on the timescale. If you get a query, reply ASAP and then get on to the webchat to ensure they have logged the reply.

8) at some point the grant will come back. I can't advise what happens on that as I'm still waiting. There is no way to speed up the process.

it is work and hassle, and it is distressing, but for a straightforward and valid will I see no reason not to do it yourself, especially if there is no inheritance tax to pay.

I hope this is of some help.

Justiceforme

bunnygo said:

I am sorry for your loss.

There are online guides but almost all of them are out of date  - there were no rules from Jan 1 and the process has been simplified. The Bereavement Advice Centre are helpful but again their guide is hopelessly out of date. I wrote to them with polite details but have been ignored.

many banks have a high 'no probate 'limit and you can probably get assets transferred to you without it so you can get on with day-to-day stuff. Always ask for the bereavement team at any organisation who will be kind and as helpful as they can be.

here's what I can offer regarding the process having done it recently as a member of the public. (i.e a random on the internet) Assuming you are the executor and this is England/Wales:

1) get the original of the will

2) put together a complete list of all the assets in the estate; that is everything that was solely his. Also list everything jointly owned - the value for the estate is half of that. If there is a house, you'll need an estate agent valuation; they shouldn't charge for this and if it is a spouse-to-spouse transfer they probably won't even visit.

3) follow instructions here: https://www.gov.uk/applying-for-probate/before-you-apply

 ...to estimate the value of the inheritance tax. If you are his wife and everything is left to you, there will be nothing to pay but you still have to get this information. (since Jan this year you no longer have to submit separate inheritance tax forms if the estate is exempt). This generates three values to go on the application.

you also have to do a separate calculation of the gross and net values for probate. The guidance for that is also on gov.uk, it should come up during your application (I can't find it at the moment)

4) apply for probate; online is easier. https://www.gov.uk/applying-for-probate/apply-for-probate

 These pages also tell you how to pay the fee and link you to the webchat if you need help with the application.

5) submit the form. You will then need to post them the original of the will and one of the certified copies of the death certificate. The will does NOT come back so make sure you have a copy in case of any queries. Lesson learned for me: if the will is printed double-sided, put on a post-it note stressing that. If there are blank pages in the will, add a post-it note pointing to the page number. The scanning is done by an outsourced company in Harlow and things can go wrong.

6) in due course you will get an acknowledgement of your application, and the death certificate will come back.

7) you are told to wait 8 weeks at least, you can chase it after that via the webchat. Any queries add another six weeks on the timescale. If you get a query, reply ASAP and then get on to the webchat to ensure they have logged the reply.

8) at some point the grant will come back. I can't advise what happens on that as I'm still waiting. There is no way to speed up the process.

it is work and hassle, and it is distressing, but for a straightforward and valid will I see no reason not to do it yourself, especially if there is no inheritance tax to pay.

I hope this is of some help.

bunnygo said:

I am sorry for your loss.

There are online guides but almost all of them are out of date  - there were no rules from Jan 1 and the process has been simplified. The Bereavement Advice Centre are helpful but again their guide is hopelessly out of date. I wrote to them with polite details but have been ignored.

many banks have a high 'no probate 'limit and you can probably get assets transferred to you without it so you can get on with day-to-day stuff. Always ask for the bereavement team at any organisation who will be kind and as helpful as they can be.

here's what I can offer regarding the process having done it recently as a member of the public. (i.e a random on the internet) Assuming you are the executor and this is England/Wales:

1) get the original of the will

2) put together a complete list of all the assets in the estate; that is everything that was solely his. Also list everything jointly owned - the value for the estate is half of that. If there is a house, you'll need an estate agent valuation; they shouldn't charge for this and if it is a spouse-to-spouse transfer they probably won't even visit.

3) follow instructions here: https://www.gov.uk/applying-for-probate/before-you-apply

 ...to estimate the value of the inheritance tax. If you are his wife and everything is left to you, there will be nothing to pay but you still have to get this information. (since Jan this year you no longer have to submit separate inheritance tax forms if the estate is exempt). This generates three values to go on the application.

you also have to do a separate calculation of the gross and net values for probate. The guidance for that is also on gov.uk, it should come up during your application (I can't find it at the moment)

4) apply for probate; online is easier. https://www.gov.uk/applying-for-probate/apply-for-probate

 These pages also tell you how to pay the fee and link you to the webchat if you need help with the application.

5) submit the form. You will then need to post them the original of the will and one of the certified copies of the death certificate. The will does NOT come back so make sure you have a copy in case of any queries. Lesson learned for me: if the will is printed double-sided, put on a post-it note stressing that. If there are blank pages in the will, add a post-it note pointing to the page number. The scanning is done by an outsourced company in Harlow and things can go wrong.

6) in due course you will get an acknowledgement of your application, and the death certificate will come back.

7) you are told to wait 8 weeks at least, you can chase it after that via the webchat. Any queries add another six weeks on the timescale. If you get a query, reply ASAP and then get on to the webchat to ensure they have logged the reply.

8) at some point the grant will come back. I can't advise what happens on that as I'm still waiting. There is no way to speed up the process.

it is work and hassle, and it is distressing, but for a straightforward and valid will I see no reason not to do it yourself, especially if there is no inheritance tax to pay.

I hope this is of some help.

Hi thanks for this vital piece of information. I also need a solicitor just to sign a document for another account, its madness. Will taking a deep breath.

p00hsticks

bunnygo said:

5) submit the form. You will then need to post them the original of the will and one of the certified copies of the death certificate. The will does NOT come back so make sure you have a copy in case of any queries.

But if taking a copy and there is more than one page, never ever remove any staples or fastenings that are keeping the pages together, as this could delay the probate process.

(I believe professionally produced wills deliberately have the pages securely fastened together so that they are not easily tampered with by someone trying to remove or insert pages) 

bunnygo

very wise advice there! I had a scanned certified copy given to me by the solicitor and a photocopy from back in the day, so I can see the text and what it looks like. HMCTS scanning contractor still fouled up, missing the page number on the blank page. So got 'stopped' and now in a massive delay.

StevenH1966

My mother's will had a paperclip imprint on it when I sent it off. The probate office came back querying what had been attached - as it might have been a codicil or letter of wishes.

When I enquired of the solicitors who had sent me the original, they said it was a note from the previous solicitor that had the original will and had retired and forwarded to the new ones for safe keeping. It seemed a junior dealing with all the transfer of all their wills and attached a note with a cross check reference number to make sure that they had all been accounted for.

I had to get a letter from the solicitors confirming what had been attached to then send on to the probate office. 

Justiceforme

OMG another solicitors fee to pay for a letter!!

Justiceforme

Just to update people trying to complete Probate. Although, I was extremely nervous, I did manage to complete all of this on my own without paying for the cost of a solicitor. Suggested costs were £3080.00 + a percentage of the property and any money. My situation was not complicated and there was a will.  I'm not saying the process is very simple, it can be done online, but you do have to pay for the cost of registration about £ 273.00 + extra for copies. Probate was granted in about 7 weeks in total. There is genuine need for far more free help regarding this topic. I really wish that someone would try to provide a simple guide to competing the forms. After weeks of searching for free legal help, I personally couldn't find anyone in my area, so thats why I attempted to do it myself. If your Probate is complex, legal advice is required.

Pennylane

Justiceforme said:

Just to update people trying to complete Probate. Although, I was extremely nervous, I did manage to complete all of this on my own without paying for the cost of a solicitor. Suggested costs were £3080.00 + a percentage of the property and any money. My situation was not complicated and there was a will.  I'm not saying the process is very simple, it can be done online, but you do have to pay for the cost of registration about £ 273.00 + extra for copies. Probate was granted in about 7 weeks in total. There is genuine need for far more free help regarding this topic. I really wish that someone would try to provide a simple guide to competing the forms. After weeks of searching for free legal help, I personally couldn't find anyone in my area, so thats why I attempted to do it myself. If your Probate is complex, legal advice is required.

Sorry for your loss.  Well done for getting all the Probate sorted.  I did it and although a bit time consuming I found it quite straightforward as the notes that accompany the forms were quite clear.  i had to ring for advice just once and they were helpful.  In my opinion better than paying a solicitor anyway.  

Marmaduke123

Pennylane said:

Justiceforme said:

Just to update people trying to complete Probate. Although, I was extremely nervous, I did manage to complete all of this on my own without paying for the cost of a solicitor. Suggested costs were £3080.00 + a percentage of the property and any money. My situation was not complicated and there was a will.  I'm not saying the process is very simple, it can be done online, but you do have to pay for the cost of registration about £ 273.00 + extra for copies. Probate was granted in about 7 weeks in total. There is genuine need for far more free help regarding this topic. I really wish that someone would try to provide a simple guide to competing the forms. After weeks of searching for free legal help, I personally couldn't find anyone in my area, so thats why I attempted to do it myself. If your Probate is complex, legal advice is required.

Sorry for your loss.  Well done for getting all the Probate sorted.  I did it and although a bit time consuming I found it quite straightforward as the notes that accompany the forms were quite clear.  i had to ring for advice just once and they were helpful.  In my opinion better than paying a solicitor anyway.  

I too found it quite straightforward and the guidance provided along with the forms clear. Mine was very simple though, everything left to me, I was the sole executor and had always managed our money so I knew exactly what there was and where. I'm now trying to leave everything clear, tidy and up to date for our sons when my time comes!

housebuyer143

p00hsticks said:

bunnygo said:

5) submit the form. You will then need to post them the original of the will and one of the certified copies of the death certificate. The will does NOT come back so make sure you have a copy in case of any queries.

But if taking a copy and there is more than one page, never ever remove any staples or fastenings that are keeping the pages together, as this could delay the probate process.

(I believe professionally produced wills deliberately have the pages securely fastened together so that they are not easily tampered with by someone trying to remove or insert pages) 

Following on from this from years gone by ha ha - my dads will is stapled but he did it himself and it looks like he took out a staple at some point and then put another in - no idea why, maybe the first one didnt take or he wanted to copy it. Is this going to cause issues? How do i get around this?
The entire will is on one page with only the witnesses on page 2.