Probate questions and answers

When a person dies somebody has to deal with their estate by collecting in all the money, paying any debts and distributing the estate to those people entitled to it.

Below are answers to some frequently asked questions about probate that you may find useful. If you have any other questions or would like to know more about how Midlands Co-operative Funeral Services can help you, please do contact us.

Questions and Answers

• Show all |
• Hide all

---

1. What is probate?
   When a person dies, somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money, paying any debts and distributing the estate to those people entitled to it. Probate often involves the issuing of a legal document to one or more people authorising them to do this.

   The Probate Registry issues the document, which is called a grant of representation. There are three types:

   • Probate – issued to one or more of the executors named in the deceased’s will
   • Letters of administration (with will) – issued where there is a will but no named executor, or where the executors are unable to apply or do not wish to be involved in dealing with the estate
   • Letters of administration (no will) – issued when the deceased has not made a will, or the will made is not valid

   ---

   Hide this answer

2. Can the estate be distributed without applying for Grant of Probate or Letters of Administration?
   Where an estate has assets worth more than £5,000, a Grant of Probate or Letters of Administration will be needed to enable banks and building societies to release funds, insurance companies to pay out, and any property from the estate to be sold. The grant is also proof to organisations holding money in the deceased's name that the person named in it is authorised to collect the money. A grant may not be needed if all assets are jointly owned, and are automatically passing to a surviving spouse.

   ---

   Hide this answer

3. Who needs to apply for a Grant of Probate?
   Where an estate's assets are worth more than £5,000, the executors or administrators of the estate will need to apply for the grant.

   ---

   Hide this answer

4. What happens when somebody dies without having made a will?
   If someone has not made a will, it is usually up to the next of kin to administer their affairs. The next of kin will need to apply for a grant of Letters of Administration to obtain authority to deal with the dead person’s assets, which must be handed out according to the Rules of Intestacy. This can be a complex procedure, and we can provide assistance if necessary.

   ---

   Hide this answer

5. What does your probate service include?
   • Collecting details of all assets and liabilities in the estate
   • Where appropriate, completing Inheritance Tax documentation (form IHT 200) and paying Inheritance Tax
   • Establishing whether the estate is solvent
   • Establishing whether there is sufficient money to meet all legacies in full and, if not, dealing with any problems arising
   • Completing and returning Probate Registry forms
   • Arranging funds or a loan to pay probate fees and Inheritance Tax
   • Receiving the Grant of Probate
   • Placing the statutory advertisement for creditors and other claimants
   • Presenting the Grant of Probate to the appropriate authorities
   • Collecting assets due to the estate
   • Where the district valuer does not agree with the valuation of the property, negotiating a new value and arranging payment of any extra tax
   • Completing Income Tax and Capital Gains Tax forms for the period of administration
   • Applying for Form 30 and obtaining Inheritance Tax Discharge Certificate
   • Releasing sufficient cash to pay all debts
   • Where relevant, completing stock and share transfer forms and drafting an Assent for the house
   • Dealing with any claims brought under the Inheritance (Provision for Family and Dependants) Act 1975
   • Preparing the estate accounts
   • Administering any trusts or life interests created within the will or statute
   • Obtaining approval of the estate accounts and distributing the assets to the beneficiaries of the will

   ---

   Hide this answer

6. How long does it take to administer an estate?
   This varies according to the size of the estate, the complexity of the affairs of the person who has died, and any difficulties in tracing beneficiaries.

   An executor should expect to be involved in the administration of the estate for six to nine months – though in complex situations it can take longer.

   ---

   Hide this answer

7. What happens if we can't trace all the beneficiaries?
   It doesn’t automatically follow that where a beneficiary can’t be found, the family inherits their share of the estate. The executors have to take steps to minimise any future risk. For example, they may:

   • insure against the possibility of a missing beneficiary coming forward, then distribute this share among the other beneficiaries
   • apply to court for a Benjamin Order, which allows the executors to distribute the estate as the court thinks fit, and protects both the executors and known beneficiaries from future claims on the estate by unknown beneficiaries or by those who could not be traced
   • distribute any missing beneficiary’s share among known beneficiaries, in return for their promise to repay this share if the missing beneficiary comes forward
   • pay any missing beneficiary’s inheritance into court

   ---

   Hide this answer

8. When do we have to pay Inheritance Tax?
   Inheritance Tax can't be paid from the assets themselves, and it must be settled before the Grant of Probate is applied for.

   ---

   Hide this answer