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Grant Of Probate

A grant of probate confirms that the executor has the required authority to administer the estate of the deceased. This includes wrapping up their affairs and distributing any assets to their beneficiaries.

Before you can carry out this task, you need to obtain legal authority to act, and this is called the grant of probate. Legal authority comes from the Probate Registry, and no action can be taken until the required authorisation has been given.

However, grant of probate is not always required if for example the estate is small (usually less than £15000 or so). Due to the low threshold, usually the case is that a grant of probate is required to administer the estate.

For initial advice you can use the contact form on this page, or call us on 0115 963 0179

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Applying for Grant Of Probate / Letter of Administration

If the representative does indeed need to apply for a Grant of Representation, there is a defined process that must be followed.

It’s worth noting that The Probate Registry will not issue a Grant of Representation until any due inheritance tax has been settled and paid off. That means that any personal representative will need to first value the estate of the deceased, and indeed calculate the inheritance tax due (if any) and then ensure that the HMRC has been contacted to arrange payment.

The representative will also need to ensure that have completed and submitted an inheritance tax return. The process can vary depending on whether or not inheritance tax needs to be paid and how complex the estate is.

For a relatively simple, non-taxable Estate the Inheritance tax return can be sent straight to the probate Registry, alongwith the following documents:

  • A Statement of Truth completed by the Personal Representative
  • The original signed Will (if there is one) plus two copies
  • The Probate application fee

If the Inheritance Tax return is being sent straight to HMRC, the above documents will need to be sent to the Probate Registry once HMRC have acknowledged receipt of the Return and/or any Inheritance Tax due on submission of the application.

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