Complete Probate Guide

Practical matters to consider immediately after death. Security of property. Children and pets.

Deaths should normally be registered within five days unless a coroner's report is required in which case the death cannot be registered until the requisite paperwork is received from the coroner's office. If no coroner's report is required you must take the medical certificate showing the cause of death, signed by a doctor. If the deceased died at home contact their GP to get the certificate. If the deceased died in hospital the hospital should provide the medical certificate. Deaths can, in theory, be registered at any register office however if you use the register office in the area where death occurred you will normally get all the documents you need on the day. ​

IS THERE A WILL? YES
You may know the whereabouts of the will or be in possession of it. If you know where it is, for example with a solicitor or bank, contact them by phone and ask for it to be delivered to you, or collected from them. You do not have to use the solicitor who held the will to complete probate. They are not allowed to withhold it.​

IS THERE A WILL? NO
See ‘The Intestacy Rules’​

IS THERE A WILL? NOT SURE
You will need to go through the deceased paperwork and documents. This will be a necessary step later in the process so if you do not know if there is a will you may want to do this step first. See ‘Setting up the file’. If no will is in the deceased’s paperwork it may be lodged with a solicitor, banker or accountant. You may have details of likely persons to contact once you have set up your file. Wills may also be lodged at the Principal Probate Registry for safe-keeping.
‍Principal Probate Registry

Executors or Administrators. Intestacy Provisions. Unmarried partners.

Ok, so you’ve established who can act and who is going to be the Personal Representative, either from the Will or the Rules of Intestacy. You will need two files, one a Master Physical File and one a Master Financial Summary which can either be in a spreadsheet or on paper. Everything is explained as you progress through the steps. To start the process, pull out all documents and paperwork you can find at the deceased’s home address.

As Personal Representative you can write to everyone you think should be notified of the deceased’s death. Once you have set up your Master Physical File you should have details of everyone you need to contact. This should include all asset and liability holders (those who hold money belonging to the deceased or those the deceased owed money to). You do not need hundreds of different letters, you can vary all of our letters to your specific circumstances. Don’t be afraid to change them to suit you, particularly if you need extra information from any asset or liability holder.

Detailed guidance on valuing the most common types of asset.

The starting point before fully valuing assets should be to assess how complicated the estate is likely to be by using your best guess estimates or statements you have available.​You won't be able to submit any forms using these estimates but it's a very useful first step.​
The value and complexity of the estate will have a bearing on which type of form is submitted to HM Revenue & Customs ("HMRC") for Inheritance Tax ("IHT") purposes.​Ultimately the value of the estate will determine if any IHT is due on the estate and if so, how much.​It is therefore crucial that you understand the types of asset involved and how complicated the valuation of these assets may be.

Once you have established which form you need to use and you have up to date statements or valuations you can fill them in based on information in your Master Physical File and Master Financial Summary. If you are completing the full IHT400 remember you need to have accurate valuations of everything.​
‍IHT400 PDF ONLINE If you are completing IHT205 and the estate is borderline you need accurate valuations of everything.​
‍IHT205 PDF ONLINE If you are completing IHT205 and the estate is well below the Inheritance Tax threshold you can use estimates if they are realistic and can be backed up with paperwork in your file. HMRC can ask for information on any of your valuations. Go through the form box by box using the information from your Master Physical File and Master Financial Summary. IHT400 is due within 12 months from date of death.

RESIDENCE NIL RATE BAND - NEW FROM 6 APRIL 2017 IHT ADDITIONAL THRESHOLD (RNRB).
The new Residence Nil Rate Band (RNRB) rules are more complicated than they initially appear, and may apply in more situations that you think.

The probate process. Which forms to send where. Swearing the Oath.

Once probate has been granted the Executors or Administrators have the power to request that asset holders release funds. If you have spent time finding all the asset holders by the ways mentioned in ‘Practical Matters’ and ‘Setting up the file’, or we can completed the Probate Application for you, this part of the process should be relatively straightforward. Some asset holders may make payment via bank transfer, others may send a cheque. Remember if you do not have an account in the deceased’s name you will need to request cheques payable to you personally, usually with an indemnity letter.

Once all assets have been realised and all debts paid, including any loan taken out to pay Inheritance Tax, you may distribute the estate in accordance with the will or rules of intestacy.
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LEGACIES (WHERE THERE IS A WILL)
If the will contained several beneficiaries (people who inherit) and legacies (gifts to specific people)you should take advice before distributing any assets. Legacies can fail and therefore be invalid for several reasons. Contact us for advice.​Executors are responsible for estate distribution therefore can be personally liable for mistakes.

If the estate meets the terms of the will (there are enough funds or items to cover all legacies) you can send a copy of the will to the beneficiaries, or arrange a reading of the will if desired.

It is advisable to list as soon as possible the potential beneficiaries of the estate. If a valid will has been left this will be as per the will, if not then the rules of intestacy should be followed.​

You should list their names and addresses. In most cases this will be relatively easy but there may be cases where a beneficiary has been lost track of. There may also be concerns as to whether a beneficiary has been declared bankrupt or a beneficiary might be under the age of 18 or lack capacity. ​

It is good practice to notify beneficiaries of their interest in an estate although they do not have any legal or equitable right in the estate until administration is complete and  the personal representatives distribute the estate.

Property can be transferred to a beneficiary rather than being sold. You can complete the relevant paperwork and submit to Land Registry. Follow the link below to more help and links to online forms.

All the forms you submit to HMRC and the Probate Registry will be analysed so you need to keep account of your work. If we have completed Probate for you we will retain a physical file for this part of this process.