Applying for Probate - What Information Will My Solicitor Need?

When an individual passes away, it is often necessary to apply for a Grant of Probate so that their Estate can be dealt with. This can be a daunting task, and can involve a significant amount of work. You may therefore choose to instruct a Solicitor to assist with obtaining the Grant.

If you choose to instruct a Solicitor, they will need to gather information about the individual who has passed away, their Executors, and their Estate.  This will enable the Solicitor to prepare Inheritance Tax forms and to subsequently prepare the Probate Application. To obtain a Grant of Probate, any Inheritance Tax which is due must be paid. 

Your Solicitor may request the following information. This list is not exhaustive; however, it includes some of the most frequently requested information.

ID and Proof of Address

Solicitors are required to take copies for their files – clients usually provide their passport or driving licence and a utility bill.

Death Certificate

Original death certificates will be needed by your Solicitor. The information contained will be needed when completing the Probate Application. Further, your Solicitor may need to provide copies of the death certificate if you instruct them to correspond with organisations on your behalf.

The Will

You may be aware of the location of the deceased’s Will at their home, or it may be in storage with your Solicitor. If the Will is stored at a different firm, your newly instructed Solicitor can arrange for the Will to be sent to them. Your Solicitor will need sight of the document to ascertain who the Executors are and how the Estate is to be divided. The original Will will then be sent to the Probate Registry.

Property

Your Solicitor will likely ask if there is property in the Estate and whether it is held in a sole name, under a Tenancy in Common or held Jointly. If you are unsure, your Solicitor will be able to help you find this information. If necessary, they can also organise valuations of the property for Inheritance Tax purposes. Your Solicitor may request the see the Deeds to the property, if you can locate them.

Assets

Information regarding the value or location of assets is extremely helpful. The deceased may have had funds in sole or joint bank accounts, savings, or even shareholdings. Your Solicitor will be able to ascertain accurate values by writing to the organisation where funds were held. This information will be needed for Inheritance Tax purposes, even if no tax is due. Examples of documentation which your Solicitor may request include bank statements and share certificates. 

Liabilities 

Liabilities can include funeral expenses, mortgages or debts. Information regarding liabilities will be needed for Inheritance Tax forms. Your Solicitor may ask to see invoices or statements so that they can ascertain the value of the liabilities, and if so instructed, they can organise payment on your behalf.

Information Relating to the Death of the First Spouse

Your Solicitor may request documents such as the marriage certificate, death certificate, a copy of the Will and any Grant of Probate; these documents will assist your Solicitor in determining whether there is any available Inheritance Tax allowance which may have transferred to the Estate. Claiming such allowances may reduce the amount of Inheritance Tax payable. 

Here at Fiona Bruce Solicitors, we have a team of experienced Solicitors who can help you navigate the process of obtaining a Grant of Probate. If you would like to discuss how we can assist you, please contact us for a free no obligation quotation.

The contents of this article do not constitute legal advice and are provided for general information purposes only.