probate grant of representation?

Question

Does an executor have to gather all the deceased 's estate and debts together before going for the grant or do you need to get the grant to be able to get the necessary documents bills etc assuming you have the will and are named as the executor in England

Answer 1

It would be a very good idea to get hold of one of a simple guide on being an executor. These are readily available in good book shops.

This is what you need to do as executor.

1.Make sure you get plenty of copies of the death certificate - 15 is a good working number. You will have to show copies to banks, building societies, companies with which the deceased held shares...it goes on and on. Many organisations will need sight of an original Death Certificate before releasing funds. Copies obtained from the Registry of Births Deaths and Marriages are regarded as 'originals' as opposed to a photocopy of the certificate.

2.. Apply for a Grant of Probate via the nearest Probate Registry. You may well have done this already.

3. Arrange to open a Personal Representative's bank account. This will be used for paying in money due to the estate and any loan arranged to pay an Inheritance Tax bill and/or probate fees. This could easily be a major item if you are dealing with property. Eventually it will be used for paying out bequests under the will. Warning: after twelve months the bank will start charging monthly fees.

4. Inform all relevant persons and organisations - banks, building societies, life assurance companies, employers, local authorities, Inland Revenue, benefit agencies etc.

5. Arrange for a valuation of the Estate. This will include the property, together with its contents, other personal effects, investments in savings plans, stocks and shares, life policies, building societies etc. Draw up a detailed list of all the Testator's assets.

6. Draw up a list of debts that must be paid from the proceeds of the Estate. These will include mortgages, any income and capital gains taxes, bills, credit cards, loans and overdrafts.

7. Complete the forms required by the Inland Revenue Capital Taxes Office so that it can be established whether any Inheritance Tax is due.

8. Complete the probate forms and send or take them to the Probate Office along with the original Will, the death certificate and the Inland Revenue account.

9. Provided that the case is fairly straightforward, an appointment will be made for the personal representative to 'swear the papers' within about 5 - 6 weeks of receipt at the Probate Office

10. When Inheritance Tax is due the Executor's account of the Estate is passed to the Inland Revenue and the Grant of Probate cannot be issued until the tax is paid. There will be circumstances where part of the Estate has to be sold to pay Inheritance Tax and if this is the case banks can arrange loan facilities to pay the tax straight away.

11. Copies of the Grant of Probate should be sent to everyone who owes money to the Estate. You now as Executor have a legal authority to pursue any debts owing to the Estate.

12. When the Grant of Probate is received, the Estate can be divided according to the terms of the Will. The Executor must prepare and sign accounts showing who has received what from the distribution. They must be able to show that they acted in accordance with the terms of the Will in case there is any dissent from the family of the deceased.

13. All papers, including the Grant of Probate and the accounts must be stored safely for a period of 12 years.


As you can see, it all takes quite a long time and you will certainly need to instruct a solicitor for the conveyancing.

Answer 2

Talk to them and tell them there is no probate as everything is yours as his wife. My Mum just had to produce Dads death certificate,as there was no will. UK