You can apply yourself or use a solicitor. You don’t normally need a grant of representation if the estate passes to the surviving spouse/civil partner because it was held in joint names, for example a savings account, or doesn’t include land, property or shares.
If you have a joint account with the person, what’s in it automatically passes to you; you don’t need a grant of representation. However, what happens to the person’s property depends on how it was owned. If the property was held under ‘joint tenancy’, the surviving owner inherits the whole property automatically.
If however, the property was owned outright by the person, the terms of their will states who inherits, or the law does if there is no will. If the property was owned as a ‘tenancy in common’, again the person’s will or the law will determine who inherits their share.
If you feel you need a grant of representation, professional advice can be helpful or may be advisable if probate looks to be complicated or contentious. In most cases, firstly check if there’s a will. This normally states who sorts out the estate; if there’s no will, the next of kin can apply to get a grant of representation – this gives you the legal right to access things like the person’s bank account.
Then, through probate, you will collect the assets, for example, money from the sale of the person’s property; pay any debts e.g., unpaid utilities bills; and distribute the estate – this means giving any property, money or possessions to the people entitled to it (‘beneficiaries’). You may also may also need to pay Inheritance Tax! You should contact the organisation holding the money (the bank or building society etc) who may ask for proof of death e.g., the death certificate after the death has been registered.
You can apply for a grant of representation yourself or use a solicitor, by completing and posting off a probate application form and an Inheritance Tax form. You will also need to swear an Oath. The forms can be obtained through the Government website, while solicitors and organisations like Saga also provide forms and offer support with the processes. There is a Government Probate and Inheritance Tax helpline.
You need to work out how much the estate is worth, particularly in relation to any Inheritance Tax liability. You must complete an Inheritance Tax form – even if you think no tax is owed and if there is no tax to pay, you will have to pay some before a grant of representation is issued to you. An application fee of £105 is also payable, unless the estate is under £5,000 in total value. You’ll need to go to a local probate office to swear an oath – a ‘promise’ that the information you’re giving is true to the best of your knowledge. You should get the grant of representation through the post within 10 working days of swearing the oath.
