An experience Probate Clearance Company in London. Here is some information that may help the process be that little bit easier for you. If in doubt about where you stand, always seek professional legal advice.
On some occasions when handling and distributing the estate of a deceased relative you will need a grant of representation which is a legal document of official authority
You will not need to apply for a grant of representation if you are either a named executor of the deceased will or the next of kin.
The main purpose of a grant of representation is to allow you the responsibility for distributing the estate along with the authority to collect money and assets in the name of the deceased.
Organisations and companies which hold money or assets in the name of the deceased will require proof of entitlement before transferring any inheritance.
A grant is necessary if you are transferring or selling a property that is held in the name of the deceased.
It is a legal requirement to gain a grant before you advertise or sell the property.
A sale cannot be legally completed until a grant has been obtained.
If you are unsure if you need a grant we advised you to seek professional legal advice to whether or not a grant of representation is required.
Who is entitled to apply for a grant of representation?
Probate law can be complicated!
The next of kin can have official control of the finances of the deceased.
A named executor/s (named in a will and testament) is entitled to a grant of representation.
If for any circumstance the above are unable or unwilling to apply for Probate then the next person entitled to a grant is anyone who is named in the will of the deceased.
On the grounds that this person was highly regarded by the deceased.
If there is no will, or the will is not valid, the deceased next of kin should be the next person able to obtain a grant of representation.
Order of priority “next of kin’s”
- Other Relatives
If more than one person is named then up to four of the applicants may obtain a grant of representation.
What is the thresh hold for applications for estate value?
Under and up to £5,000
If the deceased’s estate is below £5,000 it may not be necessary to gain a grant of representation to deal with the estate. This is more so the case if there is no property, land or shares involved in the estate.
If an estate is over £5,000 then an administrator must apply for a grant or letters of administration. To do so an application must be made to the probate registry. You can apply for this yourself or get a solicitor to apply for you.
Once an administer has been appointed to the estate access to the deceased’s banks and building society accounts will be enable.
Any inheritance tax due must be paid before a grant is issued.
Inheritance tax applies if the estate of the deceased totals more than £275,000 after exemptions.
Easy steps to apply for probate
- Arrange and decide where you would like your interview to be held.
- Complete and send all forms with any additional documents needed with all fees for applying for probate to the appropriate registry office.
The grants application fee is £90 if the net value of the estate is over £5,000.
Registry office contact details for applicants:
To request the correct forms call the offices below, between 9am and 5pm on weekdays 9.30am.-4.00pm on public holidays.
Principal Registry of the Family Division Probate Department
First Avenue House
42-49, High Holborn
London WC1V 6NP
Tel: 020 7947 6939