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How To Apply For Probate If There's A Will

When someone passes away, their estate often needs to go through a legal process called probate. If there’s a will, the executor(s), the person(people) responsible for managing the estate, must apply for a Grant of Probate. This legal document gives them the authority to deal with the deceased’s assets.

Why Do You Need Probate If You Have a Will?

Having a will is vital in planning your estate, but it doesn’t automatically give the executor(s) the power to act. Probate is required to legally validate the will and grant the executor(s) authority to manage the deceased person’s estate. This is done through the Grant of Probate, a legal document that proves the executor’s rights to access the deceased bank accounts, sell assets or settle debts.

In the UK, probate is necessary in situations where:

  • Property or land is solely owned by the deceased.
  • The estate includes high-value assets, such as investments or significant savings above £5000.
  • Financial institutions, like banks or building societies, require a Grant of Probate to release funds.
  • There are disputes between beneficiaries or questions over the will’s validity.

If you’re unsure whether probate applies to your situation, contact our legal team at Gavin Edmondson, and we can clarify your next steps.

How Does Probate Work With A Will?

While having a will simplifies the probate process, it still requires formalities to ensure the deceased's estate is managed legally and according to their wishes.

Here’s how it works:

1. Validate The Will

You'll need the original will for your probate application. The will is kept in public records and reviewed by the probate registry to confirm it meets legal requirements (signed, witnessed, and unaltered).

  • If the original will is lost, you may still apply for probate using form PA13
  • If there is more than one will, apply with the most recent one, but don’t destroy any copies until you've received probate.

2. Estimate The Estate’s Value

Executors must estimate the estate’s value, including property, possessions, savings, and liabilities. This estimate is required when applying for probate and for calculating inheritance tax, if applicable.

3. Apply For The Grant Of Probate With A Will

The executor submits a probate application to the local Probate Registry or online. This includes providing the original will, a death certificate, and financial details about the estate.

Appointing Someone To Apply On Your Behalf

If you're unable or unwilling to apply for probate, you can appoint someone to act on your behalf.

  • Fill out Form PA11 to formally appoint another person as a representative to apply for probate.
  • As an executor, you can also delegate responsibilities using an Enduring Power Of Attorney (EPA) or Lasting Power Of Attorney (LPA).

These options are only helpful if you are the only named executor or if other executors have renounced their rights or reserved power.

What To Do If There’s More Than One Executor

Collaborate and Divide Tasks

Executors can agree to divide their duties based on their skills and availability. For example:

One executor might handle paperwork and liaise with the Probate Registry. Another may focus on contacting financial institutions or managing property sales.

However, executors must keep each other informed and act jointly on major decisions, like selling assets or distributing the estate.

Renouncing Or Reserving The Role

If an executor is unwilling or unable to act, they have two options:

Renounce The Role: An executor can formally step down by completing a form PA15 before taking any action on the estate. This is a permanent decision.

Reserve Power: An executor can allow other named executors to proceed while retaining the option to act later. This arrangement should be in writing, and the acting executor should be notified.

Executor Unable To Apply

Follow these steps if an executor is unable to apply for probate with a will due to death, incapacity, or other reasons.

For an executor who is unable to act due to a mental health condition or impairment, a medical professional, such as a doctor, must complete form PA14.

What If A Substitute Is Specified In The Will?

As long as the conditions for their appointment are met, they can step in to apply for probate alongside any other executors.

In cases where no substitute is named in the will, but there are other executors, the remaining executors can apply without issue.

However, if no executors are able to apply, a beneficiary of the will can step forward. This individual must be entitled to the role under probate law and can apply as the new representative for the estate.

What If Only One Executor And No Substitute Is Named?

  • A court-appointed deputy, the deputy may apply for probate on their behalf.
  • A person with power of attorney, may act in their place.

These steps act as a general guide to reduce uncertainty and minimise delays. However, even with a will, probate can be complex, especially for high-value estates or those with diverse assets.

We always advise getting in touch with a Probate and estate administration solicitor who can help manage the probate process efficiently and provide expert legal advice and support. Gavin Edmondson Solicitors can help.

How Long Does Probate Take With A Will?

Grant of Probate with a will typically takes around 20 weeks once the application is submitted, provided all documents are in order, and there are no complications. However, delays can occur due to missing information, disputes or complex estates. It’s advisable to seek legal guidance to streamline the process and address potential challenges promptly.

What Happens Next After Probate Is Granted?

Once the Grant of Probate is issued, the executor(s) gain(s) the legal authority to manage the estate. This involves several key responsibilities, starting with accessing the deceased’s assets.

Executors must close bank accounts, transfer property ownership and ensure all debts, taxes, and outstanding liabilities are paid. After these obligations are settled, the executor(s) can distribute the remaining assets to the beneficiaries according to the will.

In carrying out these tasks, executors often need to work closely with various organisations. Banks, building societies and insurance providers are typically involved in settling accounts and releasing funds.

When To Seek Professional Help

  1. Complex Or High-Value Estates
    Estates with significant or diverse assets, such as overseas property, trusts, or high-value investments, often require expert legal knowledge to navigate. A probate solicitor ensures compliance with tax laws and resolves ownership complexities.
  2. Disputes Among Executors Or Beneficiaries
    If disagreements arise over the will, executor duties or asset distribution, a solicitor can mediate and provide legally sound solutions. This can help avoid costly legal battles.
  3. International Estates
    Managing assets located in different countries involves understanding international probate laws. Solicitors experienced in cross-border estates can streamline the process and ensure compliance with varying regulations.
  4. Intestacy or Contested Wills
    When a will is contested or unclear, or if no will exists, a probate solicitor can clarify the rules of intestacy and represent you in disputes.
  5. Emotional Reasons, Time or Legal Confidence
    If you’re unfamiliar with legal paperwork or don’t have the time to manage the probate process, a solicitor can handle everything on your behalf. This includes preparing documents, contacting financial institutions, and submitting inheritance tax forms.

Frequently Asked Questions About Probate With Wills

Can Probate Be Contested?

Yes, probate can be contested if someone believes the will is invalid. Examples include matters such as undue influence, forgery, or lack of capacity.

What Happens If An Executor Dies Or Refuses To Act?

If an executor dies or refuses to act, the next named executor can apply. If none are available, beneficiaries may apply for a Grant of Letters of Administration with the Will Annexed.

What's the Difference Between Probate and Letters of Administration?

Probate is issued when there’s a valid will, giving the executor authority. Letters of Administration apply when there’s no will or no executor is named, granting similar powers to an eligible applicant.