Application for Grant of Probate
A Grant of Probate is the official confirmation of who is entitled to deal with the estate, issued by the Probate Registry. Whilst Executors are appointed by the Will of the deceased, further proof of their authority to act can be required when dealing with valuable assets.
Who can apply?
The application for the Grant must be made by an Executor, or by their attorney if they choose to appoint one for this purpose.
Where there is more than one executor not all of them have to apply. Any Executor named in the Will who does not wish to take up the role at any time must renounce their appointment.
If an Executor does not wish to act initially in the administration, but is happy to do so if required later on they can have power reserved to them.
When would I have to apply for one?
A Grant of Probate may be needed in order to close bank accounts and deal with other assets.
A Grant will always be required where the Executors or PRs have to sell land.
How do I apply?
An application has to be made to the Probate Registry setting out who is making the application and what the value of the estate is at the date of death.
You will need to obtain values for all assets including bank accounts, houses and land and personal possessions.
Please note that the value of the estate will include not only assets owned at the time of death but can include the value of gifts made up to fourteen years before the date of death.
You will also need to establish whether the deceased owed any money when they died as this will be deducted from the value of the assets to establish the value of the estate.
Once all the information has been gathered the application can be submitted. This is normally done online.
How can we help?
In addition to advising on the contents of the Will and the role of the Executors we will:
Collate the information required to make the application
Ensure that all reliefs and allowances are claimed in respect of Inheritance Tax
Complete and submit the online application on your behalf
Review the Grant when it is issued to ensure that it is correct
Advise you on the procedure to be followed if the named Executor does not wish to act
Fancy a chat?
We're here to help if you're interested in finding out more about the Application for the Grant of Probate. Get in touch with Cath Collins on cathcollins@vinelaw.co.uk or Kieren Cross on kierencross@vinelaw.co.uk or call us on 01945 898090 for a no-obligation chat.
