Probate simply means that the executors powers to administer the estate of a dead person have been officially confirmed. A document called a "Grant of Representation" is given which enables those administering the estate to gain access to all relevant information, financial or otherwise concerning the persons estate.

Although anyone charged under a will to act on behalf of the dead persons estate has automatic authority to represent, there are certain cases where evidence of probate is required. If no will exists or no executors have been appointed, then it will be necessary to obtain "letters of administration" which involves a similar procedure.

Under common law, probate has a number of objectives. These are:

• To safeguard creditors of the deceased.
• To ensure reasonable provision is made for the deceased's dependants.
• To distribute the balance of the estate in accordance with the intentions
  of the person whose will it is.

One of the key factors affecting the need to obtain probate is how much money is involved under the terms of a will. Where the sums involved are relatively small then financial institutions and other organisations will not remember that no one is obliged to release anything relating to a dead persons estate unless letters of administration or documents of probate can be shown. Those responsible for administering the estate must find out from the organisations concerned what the necessary procedure is.

Applying for probate

Where a will is in existence and executors have been appointed then any one of the named people can make the application. Where a will is in existence but no executors have been appointed, then the person who benefits from the whole estate should make the application. This would be the case where any known executor cannot or will not apply for probate.
Where there is no will in existence then the next of kin can apply for probate. There is an order of priority relating to the application:

• The surviving spouse.
• A child of the deceased.
• A parent of the deceased.
• A brother or sister of the deceased.
• Another relative of the deceased.

The person applying for probate must be over eighteen. Children includes any that are illegitimate. If a child dies before the deceased then one of his or her children can apply for probate.

Application for probate:
This can be done through any probate registry or office. There is usually 1 one in every main town and any office in any area will accept if application. If you are writing then you should always address your correspondence to a registry and not an office. You can also contact the Probate Personal Application Department at Somerset House in London, address as follows:

Probate Personal Application Department 2nd Floor
Somerset House
Strand
London
WC2R ILP
Tel: 0171 936 6983

What needs to be done next
The next of kin should register the death with the register of Births a Deaths. A death certificate will be supplied and copies of the dez certificate which will need to be included to various institutions a organisations.

A copy of the will has to be obtained. The whereabouts should be know to the executors. The executor should then take a copy of the will in case the original is lost. The executor will need to obtain full details of the dead person's estate, including all property and other items together with current valuation. It is possible that on many of the less substantial item personal valuation can be made. It should however, be as accurate possible.

In the case of any bank accounts a letter should be sent by the executor to the bank manager, stating that he is the executor and giving final details of the death. Details should be requested concerning the amount of money in the dead persons account(s) together with any other details of valuables lodged with the bank.

The bank manager may be able to pass on information concerning holdings in stocks and shares. If share certificates are held then a valuation of the shares at time of death should be requested.

In the case of insurance policies, the same procedure should be followed A letter should be sent to the insurance company requesting details of policies and amounts owed or payable.

In the case of National Savings Certificates the executor should write to the Savings Certificate Office in Durham and ask for a list of all certificates held, date of issue and current value. In the case of Premium Bonds a letter should be sent to the Bond and Stock Office in Lancashire Giving name and date of death. Premium Bonds remain in the draw for 12 months after death, so they can be left invested for that time or cashed in when probate has been obtained. Form SB4 (obtained from any post office) is used to inform of death and obtain repayment of most government bonds.

In the cage of property, whatever valuation is put on a property the Inland revenue can always insist on its own valuation. If there is a mortgage, the executor should write to the mortgagee asking for the amount outstanding at the time of death.
The above procedure should be followed when writing to any one or an organisation, such as a pension fund, requesting details of monies owed to the dead person.

Debts owed by the person:
The executor will need to compile a list of debts owed by the dead person as these will need to be paid out of the estate. These debts will include all money owed, loans, overdrafts, bills and other liabilities. If there is any doubt about the extent of the debts then the executor can advertise in the London Gazette and any newspaper which circulates in the area where the estate is situated. Efforts also have to be made to locate creditors outside of advertising. The advert will tell creditors that they have to claim by a certain date after which the estate will be administered having obtained probate.
Funeral expenses should be quantified and a letter should be sent to tin Inland Revenue to determine the income tax position of the dead person.

Application for Probate:

The executor obtains the application form, decide where he or she wish( to be interviewed, send the completed form together with the death certificate and the original will to the Probate Registry and then attend f an interview.

The forms:

There will be instructions on application as to how to fill these forms in. It may be possible for an interview to take place on the same day as the forms are received by the appropriate office. The forms can be delivered either personally or by post.

The interview:
The interview is to iron out any problems with the application and to get the executor to swear or affirm before the Probate Officer that the information in the forms is true (to the best of knowledge). The taxation form for inheritance purposes has to be signed so that it can be returned to the Inland Revenue for assessment. Probate fees have to be paid at the interview. These are worked out on the value of the net estate. A list of current fees can be obtained from any Probate Office.

After the interview the Probate Registry will send the account of the estate to the capital taxes office for an assessment of any inheritance tax payable. 1. Once the Probate Registry has received an assessment then this will be sent to the executor who should then make arrangements for payment.

The tax should be paid before Probate is granted or letters of administration are given. It must be paid within six months of the date of death.

After a few weeks, the executor will receive grant of Probate. This is simply a sheet of paper which details that the dead person, of a particular address died on a particular day and that the executor has been granted the administration of the estate. The gross and net value at a specific date are stated. Attached is the probate copy of the will. The executor receives the original death certificate. All probate documents become public proper which are open to inspection by the public. Further copies of the probate document can be obtained for a fee.