13 Nov 2023
  • A pile of documents

What Documents do I Need Before Starting Probate?

When considering ‘what documents do I need before starting Probate?’ documents like a Grant of Probate, a Grant of Letters of Administration, a PA1A or PA1p, and inheritance tax forms may be required.

This depends on the circumstances of the estate in relation to complexity, size, and value. To help you better understand the documentation needed, and why, at the beginning of the Probate process, we spoke to one of our Wills, Probate, and Trust team, Josef Lythe, to get specialist advice on the matter.

What documents might you need for the Probate process?

When someone passes away, the Executor or Administrator of their estate is responsible for administering their estate and ensuring either the terms of the Will, or the intestacy rules are followed.

Quite often, a Grant of Probate (if there is a Will), or Grant of Letters of Administration (if there is no Will) is required. A Grant formally appoints the Executor/Administrator as the person responsible for dealing with the deceased’s Estate. Obtaining either type of Grant is generally referred to as obtaining ‘Probate’.

Additionally, a layperson applying for probate will also need to provide an original copy death certificate alongside the application forms and if there is a Will, the Executor will need to obtain the original Will to send this to the registry.

What about further evidence relating to values?

If Probate is required, the Executor/Administrator will need to know the value of the deceased’s assets and liabilities at the date of their death as they will need to declare the total value of the deceased’s estate to the probate registry. However, generally they will not need to provide evidence of this alongside their application.

Any other forms required?

The applicant will need to provide forms to the Probate Registry when making the application via the post. These are either a PA1A or PA1P application form. Which one is used is dependent on whether there is a Will or not. These are not required when applying online.

Often Inheritance Tax forms must also be sent. These are either an IHT205 or IHT400 dependent on the value and complexity of the Estate. If the Estate is relatively simple and the date of death was after 1st January 2022 then an IHT form may not be required.

Why choose Winns?

Our team has decades of experience, led by Rebecca Harbron Gray, a prominent solicitor specialising in matters of Wills, Probate and Trust.

With qualifications from Solicitors for the Elderly, STEP, and STEP Cross Border Estates, Rebecca is a dedicated and leading legal professional in the sector.

She has developed a team with the skills, knowledge, and experience to deliver the wishes of our customers into the legally binding document required for their unique circumstances.

Are you about to start the Probate process? Make the call to Winns now and discuss your unique circumstances with one of our dedicated team of advisors.

Ready to help you every step of the way, with an empathetic and diligent approach, we’re on hand to support you.

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