Thursday, 12 November 2015
Applying For Probate
Applying for probate
Once valuation of a property has been completed, the executors of a deceased person's estate must swear an oath or affidavit before a solicitor. The contents of this oath will confirm that the executors are appointed by the Will. The executors are required to give both the gross and net values of the estate, before swearing that they will ensure the estate is distributed in accordance to both the law and the terms of the Will.
Submitting relevant information
Once the oath has been sworn, it will also become necessary to submit the relevant Inland Revenue Account to set out all of the liabilities and assets in the estate. In some cases HMRC may allow an estate to be classed as an "excepted estate", where an estate is low value or no inheritance tax is payable (for whatever reason). When this is the case, only a brief rundown of the required information about the estate as a whole is necessary. If the estate includes any property, it is important that it is covered with suitable unoccupied home insurance.
With the oath completed and sworn and the tax issues taken care of, the application to the Probate Registry can be submitted to gain a Grant of Probate. A solicitor can be instructed to obtain this grant, or the executors can apply in person. The application should be made at either the Principle Registry in London, or a Probate Registry of any High Court. While probate is being granted, it is still vital that the executors see to any security and unoccupied house issues required to protect the deceased's property.
A slow process
There is no set turn-around for probate to be granted, nor is there any set average time taken to administer an estate, as every case is likely to be very different. Estates that include property may take anywhere between six and nine months to administer, but this is only a very rough approximation. It is such a slow process because any assets in accounts that are not held jointly (which will automatically pass directly to the survivor) can only be collected once probate has been granted.
Keeping an empty house safe
Though it is likely to be a very difficult time for all of those involved in managing a deceased person's estate, it is essential that the property in the estate is looked after. Part of this process is obtaining unoccupied property insurance on behalf of the beneficiaries to keep an empty house safe while probate is completed. Most mainstream insurers are reluctant to provide unoccupied home insurance for a property that is left empty for longer than thirty days at a time.
We believe that everyone has the right to protect their property, whether it is occupied at the time or not. With HomeProtect you can get a competitive online quote for unoccupied house insurance, regardless of how long it might be empty for. As long as it is on fixed foundations within the UK, at HomeProtect we will do everything in our power to deliver the cover you need.
Empty property under probate? We’ll help youGet probate property insurance
What is a grant of representation?
Usually, an Executor will manage the estate of a deceased person if there’s no will. However, you can apply for a grant of representation to administer the estate if you’re the deceased person’s next of kin. A grant must be issued before assets can be shared between beneficiaries.
What is a grant of probate UK?
If a deceased person has a will, then the Executor can apply for a grant of probate in the UK. This is a legal document issued by the courts which confirms that the Executor has the authority to administer the deceased’s assets, including property and finances.
What is a caveat in probate?
A legal document issued by the Probate Registry that prevents a grant of probate being approved for up to a period of 6 months. It is typically issued when there are concerns about the validity of the will or when the Executor refuses to provide a copy of the will.
What is a grant and will?
If you are the Executor of a will you might need to apply for a grant of probate from the Probate Registry. This is a legal document that gives you the authority to administer the estate of the deceased.