What Documents Do You Need for Probate in the UK? A Guide for Executors

When a loved one passes away, dealing with their estate can feel overwhelming. The legal process of gaining the authority to manage their assets, known as probate, requires careful attention to detail and a specific set of documents. As a law firm, we understand the stress and confusion this can cause, which is why we’ve put together this clear guide to help you navigate the process in the UK.

What is Probate?

Probate is the legal process of proving a deceased person’s Will and confirming the executor’s authority to administer the estate. If there is no Will, a different document called “Letters of Administration” is issued, but the process of gathering the necessary information is very similar.

The grant of probate is the official document that gives you, as the executor, the legal right to access and manage the deceased’s assets, such as bank accounts, property, and investments. Without this, you won’t be able to pay off debts or distribute the estate to the beneficiaries.

Essential Documents to Gather

Before you can even begin the probate application, you must first gather all the key documents. This is a crucial step that lays the foundation for a smooth process.

1. The Death Certificate: This is the most critical document. You’ll need an official, certified copy of the death certificate, which is obtained from the local registrar after the death has been registered. You may need several copies, as banks and other institutions will often require one.
2. The Original Will and any Codicils: If the deceased left a Will, you must locate the original document and any subsequent additions or changes (known as “codicils”). The original is required for the application and will be kept by the probate registry.
3. Probate Application Form: This is the form you’ll submit to the probate registry. The specific form you need depends on whether there is a Will. If there is a Will, you will need form PA1P. If there is no Will, it is from PA1A. These are available from the government’s official website.
4. Inheritance Tax (IHT) Forms: Even if you believe the estate is below the Inheritance Tax threshold, you will almost certainly need to complete and submit an IHT form. The type of form depends on the value and complexity of the estate.
   • Form IHT205 (for excepted estates): This is the shorter form, used for estates where no Inheritance Tax is due. As of January 2022, some of these “excepted estates” may not need to file a tax form at all, but this depends on the specific circumstances.
   • Form IHT400: This is the full Inheritance Tax account form, required for estates where IHT is payable. This is a comprehensive document that details all assets, liabilities, and gifts made in the last seven years. It is a complex form that many people seek professional help with.

Financial and Property Information

Beyond the core legal forms, you will need to compile a comprehensive list of the deceased’s assets and liabilities. This is necessary to correctly value the estate for the IHT forms and the probate application.

• Financial Statements: Gather bank and building society statements, details of all savings accounts, credit card statements, and records of any loans or mortgages.
• Property Deeds and Valuations: You will need to value any property, including the deceased’s home. This usually requires a professional valuation. You’ll also need to know if the property was owned outright or jointly.
• Investments and Pensions: Track down all investment portfolios, share certificates, life insurance policies, and private pension details.
• Personal Possessions: List and value significant personal items, such as cars, jewellery, and high-value antiques.

Why a Solicitor Can Help

Gathering these documents and correctly completing the forms can be a daunting and time-consuming task. Making a mistake can lead to significant delays, and incorrect valuations can result in penalties from HMRC. A solicitor specialising in probate can provide invaluable assistance by:

• Ensuring all documents are in order: They will make sure you have everything you need and that the original documents are ready for submission.
• Managing the legal paperwork: They can accurately complete and file the complex IHT and probate application forms on your behalf.
• Valuing the estate: They can assist with valuing the estate, ensuring all assets and liabilities are correctly accounted for.
• Dealing with official bodies: They will liaise with the probate registry and HMRC, handling all correspondence and ensuring the process moves forward efficiently.

While it is possible to apply for probate yourself, the support of a legal professional can alleviate a great deal of stress and ensure the estate is administered correctly and in a timely manner.