How to Get a Grant of Probate
When a loved one dies and leaves you appointed as the executor of the will, you’ll most likely have to get a probate on the estate before you can distribute the assets of the deceased. The probate is the process where you ask the court to recognize you as the person legally responsible for handling the affairs of the deceased.
You’ll be issued legal paperwork by the court that proves your right to distribute the estate. If you’ve been appointed as the Executor by the will, this paperwork is known as a Grant of Probate. If no will was left and you’re a close relative of the deceased, you’ll receive Letters of Administration issued by the court.
There’s a procedure involved when you need to obtain a Grant of Probate. It’s recommended that you get independent legal help before trying to get the probate on your own because it can involve a lot of legal paperwork and appearing in court. You’ll need the services of a specialist in this case so that you know how to probate everything correctly. This is where you can also be apprised of any probate fees that may be involved.
In some cases, however, you can deal directly with the Probate Service because it’s simple and straightforward. To start this process, you’ll need Probate Application Form PA1, the correct inheritance tax form, and proof of death such as a certified copy of the death certificate and the will. Always keep a copy of the will as the original will not be returned. The application for probate can be sent to any Probate Registry, whichever one is most convenient for you.
You may be asked to come into the Probate Service offices for an interview if there’s a need for more information. These are usually informal and not conducted in a courtroom. Most of the time the interviews are only 10 to 15 minutes long, and you shouldn’t be nervous if you’re asked to come in. Just remember that any information is given under oath and you must give truthful answers.
On rare occasions, the Probate Service may question the validity of the will. If this happens, witnesses named in the will must also attend the interview. This is usually something that can be cleared up quickly and easily and your Grant of Probate can be issued.