GET PROBATE’S PROBATE PROCESS

Contact the Probate Registry to get the necessary forms. The forms needed will depend on where the deceased lived – in England or Wales you will need probate application form PA1 (and associated forms).

The probate forms are normally completed at the same time as the appropriate Inheritance Tax forms.

When the completed forms are sent to the Probate Registry, they should include the original (and latest) Will and the deceased’s death certificate.

The Probate Registry normally take a few weeks to process the forms. When they have, they will send a letter confirming a date and time for an interview at their office. At the interview you (or your representative) will be asked to swear the executor’s / administrator’s oath, promising that the information given is true.

By swearing this oath, you also promise to carry out your duty to distribute the estate in accordance with the Will (or intestacy rules) within a reasonable time-frame.

After swearing the executor’s / administrator’s oath, you will be asked to sign the Will.

The Probate Registry will send the Grant of Probate by post.

Once you have received the Grant of Probate – and have paid any Inheritance Tax that is owing – you (or your representative) can start to deal with the assets and liabilities of the estate.

It is recommended to put a statutory advertisement in a publication known as The Gazette, as well as in a newspaper local to the deceased’s home. These allow any creditors (i.e. people who may be owed money by the deceased) the chance to come forward with their claim.

If such adverts are not placed and a creditor later comes forward after the estate has been distributed, the executors may have personal liability for this debt.

Once you know what debts are owed by the estate, you should arrange to pay them. The order in which they should be paid are:

• Funeral expenses (if they’ve not already been paid)
• Taxes
• Other creditors (e.g. mortgages and loans)

Once all the creditors have been paid what they are owed, the beneficiaries can be paid.

The estate should be distributed according to the Will (or the rules of intestacy).

At this stage of the process, you may well already have obtained valuations for all the assets (e.g. properties, shares, cars) that will need to be sold. If you have, this will speed up this part of the process.

Anyone who is holding assets of the estate (e.g. banks, share registrars) should be able to release those funds quickly once they have received a copy of probate. How quickly they do this will depend on the individual organisation.

Once all the assets of the estate have been distributed and all the debts paid, the final estate accounts will need to be prepared and include a summary of:

• the assets and liabilities at the date of death
• the income received during the period of administration
• any changes in asset value (e.g. any increase in a property price)
• the administrative expenses incurred during the period of administration
• the distribution of legacies and the residue to beneficiaries.

These accounts will have to be approved and signed by the executors (or their representative), as well as by the main beneficiaries.

This is the final stage of the probate process.