Process of applying for Probate

[Northern Guy]

It's a long time since I have last applied for probate. Back then, maybe 2000, it was a postal affair, the IHT205 for Inheritance Tax being a large part, as I recall. The Will was posted off Registered Post and there were regional registries you could attend for the interview and oath swearing.

Google seems to say that everything is now centralised around Newcastle, and most regional registries are closed or else scaled back, but I'm not sure the extent? East or West midlands ones would be where I'd have applied in the past. Can anyone tell me what to expect applying for probate now?

[HHEPPY]

Hi Northern Guy,

we applied for probate last year when our late mother passed away, we did it all online, it was a very straightforward case with 2 executors and all matters of the estate being in order at the time of applying.
It did'nt take very long at all for it to come back, less than a month all told.

I hope that helps a bit

[Pezza54]

Yes probate can be applied for online at gov.uk
If there is IHT to pay, this normally has to be paid, payments started, or a code received from HMRC before probate is granted

For deaths after 31 December 2021 IHT 205 is not required

Probate may not be required for low value estates Some of the larger banks will release up to £100k to the named executor without probate

If the estate is an exempt estate the probate process should be quicker.

For larger estates with property there are now more IHT forms, for example a form to claim RNRB and transferable RNRB (for a deceased spouse)

Are you about to apply to Probate to become the executor of a deceased's estate?

[Northern Guy]

Thanks both. It's my wife on whose behalf I am enquiring about. Yes she's about to apply for probate, as sole executor & beneficiary of her deceased mother's Will. There is a house held 50/50 as Tenants in Common with the late father, half in trust (probate has been obtained for his half, my wife is a joint executor), whilst the second half of the house belongs to the late mother, so probate needs to be be applied for to sell that.

The estate will not come near the £325k IHT level, the house isn't high value and only half is held by the late mother.

How are the past formalities of submitting the Will and attending the probate interview nowadays carried out, living in the Midlands? I was wondering what the closure of regional probate registries and centralisation in Newcastle had done to the process?

[Pezza54]

Take a look at Form PA1P Application for Probate at assets.publishing.service.gov.uk

Over 20 pages but straight forward to complete. The estate gross and net values need to be calculated

The completed form along with the appropriate documents and fee payment should be sent to the address in Harlow Essex provided on page 21

Your wife can report the gross and net values of the estate to Probate for both probate and inheritance tax purposes using the online system MYHMCTS

[Northern Guy]

Thanks, I have looked at the PA1P and it doesn't look too difficult. I vaguely remember the IHT side being more work that the actual probate application, I'll try that in due course. A couple of questions remain, if you can answer these too:

Will my wife need to attend a physical probate interview as I once did, or has that gone virtual or even been done away with?

Forgive my paranoia asking this second question, but what if the Will sent with PA1P, using Special Delivery/Registered Post, were to go missing? Unlikely but not impossible. Would there be any mechanism for proving a copy (if kept by Solicitors who drew the Will up) or a copy taken myself?

[Pezza54]

From November 2018, executors were no longer required to swear an oath. They can now apply for probate by signing a statement of truth
The solicitor can verify the copy will is a true copy of the original

[Northern Guy]

Oh that's great. I always did wonder about the need to appear in person & swear the oath when you're signing anyway. Out of interest, would any normal high street solicitors drawing up a Will always keep a copy normally?

[Pezza54]

Yes they would, for the unlikely event that the original got lost

[Northern Guy]

Just a quick postscript and question. The online application for probate was fine, the estate was well under the £325k IHT threshold so nothing further was needed about IHT. Probate was granted in less than a month, which was really good.

We've just received the four requested copies of the Grant of Representation. However, years back when I last did this, you always got a 'master' copy with a copy of the Will attached to it. The Will (then as now) becomes a public document, so isn't returned, that's understood. But none of the Grant of Probate copies just received have such a Will copy attached. Is that normal now?

Obviously I took some photos of the Will before sending, as a precaution, but does the Executor not now receive a formal copy of the Will that he is required to prove? Or does that come separately with the Death Certificate when returned?

[Pezza54]

Sorry I don't know the answer to your question about a master will

About 14 days after probate has been granted, members of the public can search for a record, including a will, and obtain a copy of the record for £1.50