If you want expert help in the administration of an estate, whether you are an executor or a family member, Oratto's membership consists of many experienced UK probate solicitors who can help.
Sorting out a
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The six stages of probate
1. The death certificate
The probate process forms part of the much longer and more overarching process of registering and finalising details of a person's death.
Once these things have been done, the death can be registered, the death certificate can be obtained and the administration stages of probate can begin.
2. Prologue to probate
The first thing to do, if the responsibility falls
Next the personal representatives – this means the executors or administrators of the Will – will need to be contacted. If the Will does not name any personal representatives you should consult a probate solicitor to determine whose responsibility it is to administer the estate.
3. Informing interested parties
Another important step in the probate process is registering the death with all asset and liability holders so that accounts can be settled – you will need copies of the death certificate to do this.
Furthermore, it will be necessary to open a bank account on behalf of the estate (the Executor's Account) and you will need to contact the Personal Application Department of the Probate Registry.
Typically a statutory advertisement for creditors and other claimants is placed in the Gazette and local press.
4. Inheritance Tax and probate fees
The current Inheritance Tax threshold stands at £325,000 and if the estate is not subject to Inheritance Tax, it will be necessary to complete form IHT205.
In the event that there is not enough money to cover Inheritance Tax and probate fees, a loan may be required. In some
- £105 for a personal application
- £1 per copy of the Grant
Completed forms need to be sent to the Probate Registry together with the original Will, the death certificate and the IHT form.
5. Swearing an oath and receiving the Grant of Representation
In order to obtain the Grant of
Once the Grant has been received, usually within ten working days, copies should be sent to all asset holders together with a request to release any funds.
6. The final stages
Income tax forms and capital gains tax forms for the period of administration should be completed, where appropriate assets will need to be sold, creditors should be paid, estate accounts should be prepared and, once approved by residuary beneficiaries, the estate should be distributed in the right way and in line with the testator's wishes.
Lastly, be sure to keep all relevant papers for a minimum of 12 years.
Help with the probate process
UK probate solicitors can help you process an estate with clarity, legality and, usually, without stress. Oratto's members are amongst the most experienced practitioners in the country and we can help you find the solicitor who is right for your needs.
Contact Oratto today or use our Match service