Welcome to DLS Solicitors’ comprehensive guide on the process of applying for probate on your own. Dealing with the estate of someone who has passed away can be daunting, but understanding the probate process can make things a bit easier. This guide will walk you through the steps of applying for probate, allowing you to determine whether you can manage the process yourself or if you might need professional assistance.
What is Probate?
Probate is a legal process where a will is “proved” in a court and accepted as a valid public document that is the true last testament of the deceased. If the deceased left a will, the executor named in the will is granted probate, giving them the authority to deal with the deceased’s estate. If there is no will, the next of kin can apply for what is known as ‘letters of administration.
Do You Need to Apply for Probate?
Not all estates require probate. Typically, probate is needed if the person who died owned property (such as a house, flat, or land) or had significant amounts of money in bank accounts, especially if held solely in their name. However, if the assets were jointly owned, they might automatically pass to the surviving owner, making probate unnecessary. It’s important to check with each financial institution, as their policies on when probate is required can vary.
Steps to Apply for Probate Yourself
Step 1: Value the Estate
Before you can apply for probate, you need to establish the value of the estate. This involves totalling up the assets (property, savings, possessions) and any debts the deceased may have had. You will need this information to complete the probate application and for tax purposes.
Step 2: Report the Estate’s Value to HMRC
Whether or not there is tax to pay, you might need to report the value of the estate to HM Revenue & Customs (HMRC). If Inheritance Tax is due, it must be paid or at least partially paid before probate is granted. Visit the HMRC website for detailed guidance on how to report the estate value and pay any tax owed.
Step 3: Apply for Probate
Once you have all the necessary information and documents, including the original will and death certificate, you can apply for probate. In England and Wales, you can apply online or by post. The application fee depends on the value of the estate. After submitting your application, you may be asked to attend an interview to confirm the details of your application.
Step 4: Administer the Estate
After probate is granted, you as the executor or administrator have the legal right to access the deceased’s assets and distribute them according to the will or the rules of intestacy if there is no will. This includes paying off any debts, closing bank accounts, and selling or transferring property.
When to Seek Professional Help
Applying for probate can be straightforward in simple cases. However, you may wish to seek professional help if:
- The estate is complicated, with various types of assets or debts.
- There is no will, and the rules of intestacy are difficult to apply.
- There are disputes between family members or potential beneficiaries.
- The will is challenged.
- There is a risk of significant Inheritance Tax liabilities.
Professional solicitors like us at DLS Solicitors can provide valuable guidance and support throughout the probate process, ensuring everything is handled correctly and efficiently.
Conclusion
While applying for probate yourself is possible, it’s important to carefully consider the complexity of the estate and whether you’re prepared to take on the responsibility. Remember, support is available if you need it, from completing the application to dealing with more complex estate matters.
We hope this guide has clarified the probate application process and helped you decide the best course of action. Should you require further assistance or have any questions, please do not hesitate to contact DLS Solicitors for expert advice tailored to your situation.
