Posted: Wednesday, 6 October 2021 @ 11:16
When someone dies, you may need to contact the Probate Registry. We take a look at the office and the role it plays in estate administration.
Probate Registry is part of HM Courts and Tribunal Service. It issues legal
authority to those dealing with the winding-up of an estate after a death.
the deceased left a Will, then the executors named in the Will are responsible
for applying to the Probate Registry for this authority, referred to as a Grant
the deceased did not leave a Will, then someone close to them will usually
apply to the Probate Registry for authority to finalise their affairs, known as
a Grant of Letters of Administration. The deceased’s representatives in this
case are referred to as administrators.
for a Grant of Probate
you have been named as an executor in a Will, then you are likely to need a
Grant of Probate. Only small estates can be administered without a Grant of
Probate, usually those with a net worth of up to £50,000 and no property,
although it will depend where the assets are held whether a Grant is needed, as
each bank has its own threshold above which they will ask to see a Grant of
Probate before closing accounts.
probate is needed, the first step is to identify the deceased’s assets and
liabilities and value the estate. Once this has been done, you will need to
calculate and pay any Inheritance Tax which may be due.
should then fill in the Probate Registry’s application form and send it to the
Probate Registry together with a cheque for their fee, which is £215 for
estates valued at over £5,000. This fee is reduced to £155 if the application
is made via a probate solicitor.
is a good idea to request extra certified copies of the Grant of Probate as
well so that you have enough to send one to each of the banks or other
institutions where the deceased had holdings. These are available for £1.50
should also send the original Will and original death certificate.
Probate Registry may take around six months to issue the Grant of Probate.
for a Grant of Letters of Administration
the deceased did not leave a Will, their estate will pass to their spouse
and/or close family members in accordance with the Rules of Intestacy. It is
usually the case that someone entitled to inherit under the Rules will make the
application to the Probate Registry for a Grant of Letters of Administration.
process is similar to a probate application.
the Grant of Probate or Letters of Administration
the Grant of Probate or Letters of Administration has been received, the
deceased’s executors or administrators can send certified copies to each of the
asset holders, requesting that they close the account or encash policies,
sending funds to the executor or administrator.
you would like professional help in applying for a Grant or in dealing with the
estate administration, you can instruct a probate solicitor to act for you. As
well as obtaining the Grant, they will be able to deal with the winding-up of
the estate, to include preparation of detailed estate accounts.
Provided by Sue Ioannou, Chair & Head of Training.