A look at the steps to take in England and Wales (the process differs in Scotland and Northern Ireland).<\/p>\n
Step 1 – Value the estate to see if you need a grant
\nof representation When you might not need a grant
\nof representation.<\/p>\n
A grant may not be needed if the estate:<\/strong><\/p>\n – is a low-value estate – generally worth less than \u00a35,000 (though this figure can vary) – and doesn\u2019t include land, property or shares<\/p>\n – passes to the surviving spouse\/civil partner because it was held in joint names<\/p>\n When you contact the deceased\u2019s bank or other financial institutions, they will either release the funds or tell you to get a grant of representation (or confirmation) first. When a grant of representation is usually needed – assets generally worth more than \u00a35,000 in total (though again this figure varies)<\/p>\n – land or property in the sole name of the deceased, or held as tenants in common with someone else<\/p>\n – stocks or shares<\/p>\n – some insurance policies<\/p>\n Step 2 – Applying for a grant of representation<\/strong> The Inheritance Tax forms you need depend on the following:<\/strong><\/p>\n – where the deceased lived – England and Wales, Scotland, Northern Ireland or abroad<\/p>\n – the size of the estate<\/p>\n – whether it is an excepted estate (i.e. you<\/p>\n – don\u2019t need to fill in a full Inheritance Tax account – form IHT400)<\/p>\n Usually, if an estate has no Inheritance Tax to pay, it will be an excepted estate. However, this is not always the case. Some estates that don\u2019t owe Inheritance Tax still require a full Inheritance Tax account.<\/p>\n If you\u2019re not sure whether the estate is an excepted estate, you\u2019ll need to start filling in a Return of Estate Information form (form IHT205 in England and Wales). Step 3 – Send the forms to the relevant government bodies<\/strong> The process is different in Scotland and Northern Ireland.<\/p>\n Step 4 – Pay any Inheritance Tax due<\/strong> Steps 5 to 7 – What happens next?<\/strong> – examination of forms and documents<\/p>\n – Probate Registry staff check the forms and documents and prepare the papers for your interview<\/p>\n – swear the oath – all the personal representatives who have applied for a grant of representation will need to swear an oath, either at the Probate Registry or local probate office<\/p>\n – probate is granted – the grant of representation is sent to you by post from the Probate Registry<\/p>\n After you get the grant of representation (or confirmation) and have paid any Inheritance Tax due, you can collect in the money from the estate. You can then pay any debts owed by the estate and distribute the estate according to the will or the rules of intestacy.<\/p>\n","protected":false},"excerpt":{"rendered":" How to avoid the probate pitfalls A look at the steps to take in England and Wales (the process differs in Scotland and Northern Ireland).<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/posts\/1403"}],"collection":[{"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1403"}],"version-history":[{"count":0,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=\/wp\/v2\/posts\/1403\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1403"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1403"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.suretyfp.com\/wordpress\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1403"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nSome banks and financial institutions may insist on a grant before giving you access to even a small amount of money.<\/p>\n
\nYou will almost certainly need a grant if the estate includes:<\/p>\n
\nYou\u2019ll have to fill in an Inheritance Tax form in addition to the PA1 Probate Application form, even if the estate doesn\u2019t owe Inheritance Tax. The estate will only owe Inheritance Tax if it\u2019s over the threshold currently \u00a3325,000 (frozen until April 2014).<\/p>\n
\nDepending on your answers to certain questions, the form will make clear when you should stop filling in that form and switch to form IHT400 (a full Inheritance Tax account) instead.<\/p>\n
\nSend completed IHT205 forms and the PA1 Probate Application form to your nearest Probate Registry.
\nYou\u2019ll also have to include the original will (if there is one), the death certificate, and the probate fee. If you\u2019ve filled in form IHT400, follow the instructions on page 55 of the IHT400 guidance notes.<\/p>\n
\nIf the estate owes Inheritance Tax, you won\u2019t receive the grant of representation (or confirmation) unless you pay some or all of the Inheritance Tax first. The due date is six months after the date of death.<\/p>\n
\nOnce you\u2019ve paid any Inheritance Tax and sent off the forms to the Probate Registry, the process takes about eight weeks if there are no problems. There are three stages:<\/p>\n