The number of probate cases taking more than a year to be granted has risen by 65% over the past three years according to data acquired through a Freedom of Information request from the Ministry of Justice.
An inquiry has been launched to investigate the reasons for the delays including capacity and resources at the Probate Registry. The inquiry is also assessing whether Probate fees, which have increased dramatically over recent years, are set at the right level.
When is Probate required?
A Grant of Probate is usually required in cases where the deceased owned property or had large amounts of liquid assets in their sole name. It is a process that involves proving the validity of a Will (if one exists), identifying and inventorying the deceased person’s assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries. We have provided further information on this topic here.
Who can apply for Probate?
If the deceased died intestate, without a Will, then the intestacy laws dictate who can apply for Probate in a specific order. If you are dealing with an intestate estate, it is recommended that you seek legal advice to ensure that the correct person is applying for Probate.
However, if the deceased died with a valid Will then the executors named in that Will are entitled to apply for Probate. Sometimes the Will appoints an executor who does not want to act or who cannot apply for the grant. In these cases, further documents and evidence need to be submitted to the Probate Registry to avoid any enquiries and further delays in the application process.
How do you apply for Probate?
Depending on the situation, Probate applications are either submitted online through the Probate Portal or by paper application to the Probate Registry.
The person applying for Probate will need to work out the total gross and net values of the deceased’s estate. A good place to start would be to obtain valuations of the deceased’s and make a list of the valuation of their assets and debts owed at the date of their death, and whether these were owned in the deceased’s sole name or jointly with another person.
In some cases, a full account of the assets will need to be submitted to HMRC before the application for Probate is submitted.
How professional advice can add value
Amongst other things, a Solicitor will be able to advise a person applying for Probate on:
- What is required to prepare the Probate application so you can start to collate this information as soon as possible;
- Who can apply for Probate; and
- Anticipate any enquiries from the Probate Registry and supply evidence in support of the application from the outset.
Professional expertise in applying for Probate can ensure applications are processed as smoothly as possible. If in doubt, get in touch with one of our legal experts today for advice.
How can we help?
Heidi Van Rooyen is an Associate in our Wills, Trusts and Probate team, specialising in Inheritance Tax advice, Wills, administration of estates, Grants of Probate and Powers of Attorney.
If you require any advice concerning the subjects discussed in this article, please do not hesitate to contact Heidi or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
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