Probate FAQs – Page 2 – Probates Online

Is It Ok To Do Probate Online?

Posted on September 13, 2021 by Vive Kumar Singh

There have been changes in recent years in the way executors, will administrators and solicitors are able to apply for probate. Since 2017, it has been possible to apply for probate online via a digital service that was launched by HM Courts and Tribunal Services (HMCTS).

Initially, the service was only available for executors of a deceased’s estate as long as they were acting on their own, and they had a copy of the deceased’s will. It was later expanded to include applications from solicitors, including more complex estates. Indeed, since October 2020, the online probate service has considerably expanded their services, including applications by legal professionals for intestacy and letters of administration.

The coronavirus pandemic over the past 18 months has driven a significant rise in the number of online probate applications. People are now able to apply for probate online quickly and easily, but how do you apply for probate online?

Who applies for probate online?

If there is a will, an executor or executors will have been named and it is their role to administer the deceased’s estate and apply for probate. The executor(s) can be a family member, a trusted friend of the deceased or family, or a solicitor. If there is more than one executor, the application for probate online should include all their names.

Only the executor(s) of the deceased’s estate can apply for a Grant of Probate. If there is no executor, the deceased’s next of kin or a close relative must apply for a grant of letters of administration in order to handle the estate.

If there is not a will, and therefore no executor(s), the deceased’s next of kin or a close relative must apply for authority to administer the deceased’s estate. They will need to apply for a ‘grant of letters of administration’ which allows them to deal with probate, and they will then become the administrator for the estate.

There are other circumstances where letters of administration are required:

You have left the entire estate;
There are no executors named in the will;
The executors are not prepared to accept the role.

The digital probate service

Launched in 2017, the online probate service allows people to apply for a grant of probate, saving time on many of the legal processes. However, you will still need to send actual copies of the relevant paperwork, including the death certificate and the deceased’s will. But the statement of truth can be done online – executors no longer have to visit the probate office to swear their oath – and payment of the probate fees can be done electronically.

Solicitors are also now allowed to apply for probate online. The legal profession can also apply for intestacy or grant of letters of administration as part of a will annexed application. It is also possible to stop a grant of probate being issued, known as a caveat, through the online probate service.

The online probate service allows executors, administrators and solicitors to view their probate applications and forms on a dashboard, as well as monitor their probate process. According to HMCTS, the only documentation that needs to be sent to them is the original will, a copy of the death certificate and the Inheritance Tax forms.

To use the online probate service, you will need to open a Pay By Account (PBA) account which links you with HMCTS’s fee account system to pay for your online probate application. Once registered as an executor, you will be able to start your online probate application.

What do I need and when do I apply for probate online?

Once the death has been officially registered (which is within five days), apply for probate online within six months of the death. This is because there is a time limit on paying HMRC any Inheritance Tax that may be due. In practice, reporting the value of an estate to HMRC and applying for probate online is usually done at the same time to avoid any delays.

Before you start your probate online application, report the value of the deceased’s estate to HMRC first. Then get together the following documents as these will need to be sent to HMCTS:

The original will of the deceased together with any codicils (small additions to the will). It is recommended you have at least two copies of the will and codicils. Complete form PA1P if there is a will; if not, complete form PA1A.
The death certificate, or an interim certificate
HMRC’s Inheritance Tax form (IHT205) even if Inheritance Tax is not due. Ensure you complete the correct form for HMRC.

When there isn’t any Inheritance Tax due, form IHT205 should be completed if:

The estate’s value is £325,000 or less (known as an Excepted Estate)
The estate’s value is less than the Excepted Estate limit of £650,000. However, there has to be a claim to transfer the entire nil band rate from a wife, husband or civil partner that died first, and their allowance wasn’t used.
The estate’s value is less than £1 million but no Inheritance Tax is due as the estate is being passed on to a surviving wife, husband or civil partner, or it is a charity exemption.

How much does it cost to apply for probate online?

Once you have had the deceased’s estate valued and reported this to HMRC, you can apply for a grant of probate online. You will need to pay a fee of £215, which can be done online through HMCTS’s service when you submit your application. If the value of the estate is lower than £5,000, HMCTS waive this fee.

It is advisable to order copies of your grant of probate as they will be needed during the process of administering the deceased’s estate. There is a cost for this at around 50p per copy.

At Probates Online, we are able to offer a professional probate service online that is efficient and affordable. If you are an executor of a will and need to apply for a Grant of Probate or would like to take advantage of our entire Estate Administration service, visit our website for more information or contact us today.

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When Do I Need Probate?

Posted on August 3, 2021 by Vive Kumar Singh

There is an overriding question when someone dies; do I need probate? Determining if probate is needed or not can be difficult to ascertain. Sometimes it’s down to whether there is a will or not, sometimes it’s down to joint-named assets and bank accounts, and sometimes it’s the value of the entire estate that determines the outcome. Let’s look into this in more detail.

What is probate?

Before we discuss whether probate is needed or not, let’s just clarify exactly what probate is and what it means. Probate is the legal process by which a deceased’s estate is distributed among beneficiaries after someone has died. The process includes all financial and physical assets, such as property, belongings and monies.

There are various situations where probate is absolutely required, some where it is not and some circumstances when letters or administration need to be applied for instead of probate.

When is probate necessary?

Generally, if the value of a deceased’s estate is in excess of £5,000, probate is required.

When there is a will, the executor appointed to manage the estate will apply for probate. The executor can be a family member, a friend of the deceased or a solicitor. However, if there is no will or executor, a next of kin or a member of the family representing the deceased will have to apply for letters of administration, which is the authority needed to administer the deceased’s estate. They will then be known as the administrator.

There are other circumstances where letters of administration are required:

You have been left the entire estate;
There are no executors named in the will;
The executors are not prepared to accept the role.

Only an executor of the estate can apply for probate. If there is no executor, the next of kin or a close relative has to apply for grant of letters of administration in order to manage the deceased’s estate.

When is probate not necessary?

Generally, if the majority of the deceased’s assets are jointly owned with the spouse or civil partner, such as joint bank accounts or a mortgage, probate may not be required. However, there are cases where probate is not required:

If the estate is worth less than £10,000 and there are no shares or land as part of the estate. If the estate is particularly small and there is only a token amount in a bank account, the bank has the discretion as to whether they need Grant of Probate to release the funds.
If any money, i.e. bank accounts, or property are owned jointly with a spouse or civil partner.

The threshold for probate ranges from £5,000 to £50,000. The banks or financial institutions have their own policies regarding a deceased person’s assets so, it’s important to contact them as soon as possible.

When there is a will, an executor has been appointed to manage the estate and apply for probate. The executor can be a family member, a friend of the deceased or a solicitor that has the will. If there is no will or executor, someone representing the deceased will have to apply for the authority from the court to manage the deceased’s estate. This is usually the next of kin; they will have to apply for letters of administration.

Other circumstances when letters of administration are required:

You have been left the entire estate;

There are no executors named in the will;
The executors are not prepared to accept the role.

Applying for probate

Once the death has been registered (which is within five days), you should apply for probate within six months of the death. This is not because there is a time limit on applying for probate. It is because there is a time limit on paying HMRC any Inheritance Tax that may be applicable. In practice, reporting the estate’s value to HMRC and applying for probate is usually done at the same time as both are needed to finalise the estate.

Whether there is a will or not, the probate process is similar. The first step is to find out the value of the estate, such as money in the bank, the deceased’s belongings and any property held in the deceased’s name (even if it is joint names, the value still needs to be ascertained). You will need to consider:

Bank accounts, pension funds and any other financial assets, such as mortgage on a property, savings and life assurance policies

Any property, whether in joint names or not, will need to be valued by a local estate agent. It is always worth getting three to four valuations.
Any outstanding debts, such as utilities, mortgage payments, credit cards, loans or any other monies owed by the deceased
Any gifts the deceased made that are above the official allowance within the previous seven years (not including Christmas, birthday or anniversary gifts) – they may be subject to Inheritance Tax.

In most cases, you will need a copy of the death certificate and/or will be sent to the relevant organisations.

Applying for probate can either be done through a solicitor, often the solicitor that holds the deceased’s will or a family solicitor, or you can file for probate yourself online. If there is a will, you will need the following to apply for probate:

An official copy of the death certificate (if applying online, this will be a scanned image);
The original will;

The application fee.

One thing to note is that you can only apply for probate online if:

All the named executors are alive and able to make decisions; and

The deceased spent most of their life in England and Wales.

If there is no will, the next of kin or a close relative of the deceased will need to apply for letters of administration which you can do yourself via post using the form PA1A, which is a probate application form. You can download the forms from an online probate service or from a probate registry near you.

At Probates Online, we are able to offer a professional probate service online that is efficient and affordable. If you are an Executor of a will and need to apply for a Grant of Probate or would like to take advantage of our entire Estate Administration service, visit our website for more information or contact us today.

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