“Oh Probate, that’s easy – you just apply online…” something lots of us estate practitioners hear yet it’s not always the case. Yes it is now mandatory for legal professionals to submit probate applications online when possible however applying for probate is not a ‘one size fits all’ process. Some applications can be made online, and some applications simply cannot. Computer says no.
The type of application required to be submitted depends on several factors, including whether there is an original valid will, who is applying, along with the specific circumstances and overall complexity of the estate. Furthermore, the type of application being made dictates which Probate Registry the documents should be posted to (yes even online applications aren’t 100% online!) Getting any of these steps wrong will ultimately delay the application being dealt with and potentially, put the estate at financial risk and thus put the personal representative in a vulnerable position, which is why advice from experts in the field should be sought.
The online probate application system allows certain applications for a grant of probate (where an executor is applying to prove a valid will), letters of administration (intestacy, no valid will) or letters of administration with will annexed (where there is a valid will but an executor isn’t applying to prove it) to be made via the government portal. The online process does offer significant benefits, including:
While the online portal offers advantages and is therefore always our preferred choice for clients where possible, not all estates qualify.
Online applications are typically available for:
In all online applications, the estate should be uncontested.
In certain estates the executors/personal representatives (or their solicitors) will be unable to physically access the online system until HMRC have received their paperwork and initial inheritance tax due. For instance, this would apply to any taxable estates, estates over £3 million (even where not taxable) and estates claiming the residence nil rate band. In these situations, a unique code has to be provided by HMRC before the online application can be ‘unlocked’ which adds around another month delay to the application process.
Estates which require a traditional paper-based application due to their complexity or circumstances include:
The online probate application system has fast tracked the process for some estates, but not every case is suitable. As every estate is different it’s important for the executors and personal representatives to fully understand their options and obligations before proceeding. If you are responsible for managing a loved one’s estate and need assistance or advice on which application is required, please do get in touch.
In addition, to anyone reading this, we would strongly recommend having a will drafted, appointing a number of suitable executors (with substitutes where required) and having the original will stored professionally – by doing so, you can avoid the complexities, delays and cost that can arise from not having your affairs in order.
This blog was written by qualified Solicitor Melissa Copple on 22nd January 2025. Please do contact her for any questions or queries that you may have on Melissa@privateclientsolicitors.co.uk.
We hope that you enjoy the content and we do appreciate any feedback.
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