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GuidesPreparing for death

Getting probate

When is probate required?

If you’ve recently lost a loved one, you're probably thinking about applying for probate. But before submitting your application, it’s worth checking to make sure you need it. Here, we’ll cover what probate is and when it’s required in the UK.

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Estate valuation: how to value a house and other assets for probate

To value a house for probate, it’s usually best to hire an RICS property surveyor – especially if the estate’s value is close to or above the inheritance tax threshold. For bank accounts and other assets, you can usually contact the organisations directly.

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How long does probate take in the UK?

The process of probate usually takes 1-3 months depending on the complexity of the estate. It can then take up to 6 months to close accounts, sell property and pay taxes.

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What is probate?

Probate (short for ‘a grant of probate’) is a legal document that shows banks, the Land Registry and other organisations that you have the authority to deal with someone’s estate. It can take up to 16 weeks to get your document after you've applied.

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Do I need probate?

The easiest way to find out if you need probate is to take our free interactive questionnaire. Answer questions about the person who’s died, like if they owned any property and who they banked with.

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When is probate required?

Probate is usually required if the estate of the person who died is worth more than £10,000. However, if most of the assets in the estate were jointly owned, probate may not be needed at all.

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What is the inheritance tax threshold for 2023/24?

The inheritance tax threshold for 2023/24 is £325,000. Anything over the threshold is liable to 40% tax – but it doesn’t apply to every case.

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Do I need probate if my husband or wife dies?

You may need probate if your husband or wife dies and leaves behind assets that aren’t jointly owned with you. However, if you’re the joint owner of their property and bank accounts, probate may not be required.

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What's a lasting power of attorney and why do you need one?

A lasting power of attorney is a great way to give yourself peace of mind for the future, just like making a will. Here, we'll look at the main benefits and how you can get yours from the comfort of home.

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What happens to debt when someone dies?

When someone dies with outstanding debt, it needs to be repaid from the estate before beneficiaries can get their inheritance. If there isn't enough money in the estate to pay it off, the debt is simply written off.

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How to find a will

You can usually find someone’s will with other important financial documents, such as bank statements and pension information. If you can’t find it in their house, you could search online to see if the will is recorded on the National Will Register.

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The duties of an executor: executor of will checklist

An executor of a will is responsible for dealing with the estate of the person who died. This includes valuing the estate, selling property, closing accounts, paying off debts and distributing assets to the beneficiaries named in the will.

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How to get a grant of representation

A grant of representation is a document that allows you to deal with someone's estate. To get one, you need to collect up information about their estate, fill out a form and submit an application to the probate registry.

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© Farewill Ltd • Farewill is an online service providing legal forms and information. Farewill is not a law firm or a substitute for a lawyer’s advice about complex estate planning issues. Farewill Ltd is an introducer appointed representative of Farewill Funerals Ltd which is authorised and regulated by the Financial Conduct Authority under Firm Reference Number 995901. Unlike funeral plans, funerals, probate and wills are not authorised and regulated by the Financial Conduct Authority.