Applying for probate can feel like an overwhelming and time-consuming task, especially for personal representatives (PRs) who are already dealing with the responsibility of administering a loved one’s estate.
One of the most common challenges faced is the delay in the probate application process. These delays not only prolong the administration of the estate but can also cause unnecessary stress for beneficiaries waiting to receive their entitlement.
Understanding the potential pitfalls and taking proactive steps can help PRs avoid setbacks and ensure the process runs more smoothly.
Guide to the Probate Application Process
Several steps can be taken to minimise these delays and ensure a smoother process.
1. Addressing Inheritance Tax (IHT) Obligations
It is crucial to ensure that all inheritance tax (IHT) obligations are addressed promptly. For estates requiring the submission of Form IHT400, PRs must complete the form accurately, including all relevant schedules, and submit it to HMRC along with any IHT due. HMRC will issue a unique confirmation code once the tax has been paid.
This code is essential for the probate application to proceed. Delays can occur if the form is incomplete or if the tax payment is insufficient, as HMRC will not issue the code until these issues are resolved. Therefore, PRs should double-check the form and ensure all supporting documents, such as the will and any codicils, are included.
2. Understanding Excepted Estates
PRs should be aware of the updated rules regarding excepted estates. Since 1 January 2022, the criteria for excepted estates have been expanded, meaning fewer estates require a full IHT account. For these estates, the process is simpler and quicker, as no Form IHT400 is needed. PRs should confirm whether the estate qualifies as an excepted estate to avoid unnecessary paperwork and delays.
3. Submitting the Original Will
When applying for a Grant of Probate, you must submit the original will to the Probate Registry. Therefore, PRs should check that the will they are in possession of is the original and not a photocopy. If you do not send the original will, the Probate Registry will not be able to issue the Grant of Probate, and the application will be delayed.
4. Providing Executor Information
When making the application to the Probate Registry you must notify them of the reason why any other Executor named in the Will is not applying for the Grant of Probate. Failure to give this information to the Probate Registry at the outset will cause a delay in the Grant being issued.
5. Importance of Using a Solicitor
Lastly, use a solicitor! Completing an IHT400 and submitting an application to the Probate Registry is daunting and therefore it is best to seek specialist advice from a solicitor to make sure the correct procedure is followed and to avoid unnecessary delays.
Ready to Apply for Probate? Howell Jones Can Help
Probate solicitors at Howell Jones specialise in guiding personal representatives through every stage of the process, from inheritance tax matters to the final Grant of Probate. By working with us, you can feel confident that the correct procedures are being followed, reducing the risk of delays and giving you peace of mind.
Contact us for more information and to get started.
