Q: I am appointed as Executor for my late Uncle who recently passed away. I have been told that before I can distribute anything bequeathed in his Will, I will need to obtain a Grant of Probate. What is this and how do I obtain it?
A: A Grant of Probate is a document issued by the Probate Registry which confirms who has authority to deal with a deceased person’s affairs. Many organisations, for example banks, will require the Grant of Probate before they release assets to you.
In order to obtain a Grant of Probate you will need to make an application to the Probate Registry. Before you can do so, however, you must obtain a valuation of all assets and liabilities that the deceased owned or owed at the date of their death. This will involve writing to all organisations where the deceased held any assets or liabilities, and also obtaining a valuation of any house and personal items that the deceased owned.
Using the valuations obtained, you must complete the relevant IHT form. Any Inheritance Tax must be paid before the court can issue the Grant of Probate and should be paid within 6 months of the last day of the month in which the deceased passed away, to avoid interest accruing. If no tax is payable and you meet the requirements of an excepted estate, you can submit a shorter form of account with your application for probate. This can be done online or using form PA1P. You must also send the original Will of the deceased with your application.
Once the Grant of Probate has been issued, you can then send it to the relevant organisations and begin administering the estate.
Article 05/10/2020
This question has been answered by Jessica Wright, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter it is still possible and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients. In accordance with government guidelines, some of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.
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