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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Probate has to be applied for in respect of a person who died

Resolved Question:

Probate has to be applied for in respect of a person who died in 2001. Are the forms available online appropriate or should older variations be used? The estate is small, no more than £15,000, does this still have to be pursued through a Probate Office, as I have been told a solicitor can, effectively, issue Probate? There is a Will. Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I see you have been waiting for some time.

Alex Watts :

You do need Probate because normally any estate over £5000 you would need it.

Alex Watts :

You need to complete form PA1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/pa01-eng.pdf

Alex Watts :

Detailed guidance is from HMRC is available here:

Alex Watts :

http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=VKhb2F_R9Q4

Alex Watts :

You can do this yourself go via the Courts.

Alex Watts :

There is an appointment you need to attend the Court office.

Alex Watts :

The process is (from HMRC):

Alex Watts :

  1. Value the estate and speak to the deceased's banks and other financial organisations to establish whether you need a grant of representation (or confirmation).

Alex Watts :

If you do need a grant of representation, complete the relevant application and Inheritance Tax form - the Inheritance Tax form will vary depending on whether or not the estate owes

Alex Watts :

  1. Send the forms to the relevant government bodies (in England and Wales, that's the Probate Registry and HM Revenue & Customs (HMRC)).

Alex Watts :

  1. Pay whatever Inheritance Tax is due.

Alex Watts :

  1. Attend in person at a Probate venue or at the office of any commissioner for oaths (usually a solicitor's office) to swear an oath.

Alex Watts :

  1. Wait for the grant of representation (or confirmation) to arrive in the post - banks and other organisations will ask to see this before they allow access to the deceased's assets.

Alex Watts :

  1. Pay any debts owed by the estate and then distribute the estate.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you. You have confirmed that the standard procedure is the one to be followed in this matter; effectively that there is no short form available despite the very small nature of this estate. It appears I have been misinformed when the question was asked previously of a solicitor.

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