Procedure for Grant of Probate for Tenants in Common in the United Kingdom

1. Procedure for Grant of Probate for Tenants in Common in the United Kingdom To obtain a grant of probate for tenants in common in the United Kingdom, you would typically need to follow these steps: Gather the necessary documents: Obtain the original will of the deceased, any codicils (amendments) to the will, and the death certificate. You may also need to collect other supporting documents such as property deeds, bank statements, and financial information. Determine if probate is required: Not all estates require probate. If the deceased person's assets were held jointly with someone else and pass automatically to the surviving joint owner (e.g., joint bank accounts or properties held as joint tenants), probate may not be necessary. However, if the deceased person held assets solely in their name or as tenants in common, probate is likely required. Value the estate: Determine the value of the deceased person's estate. This involves calculating the total value of their assets, including property, investments, bank accounts, personal belongings, and any outstanding debts.

2. Complete the probate application: Complete the necessary probate application forms. In the UK, this is typically done using the online application service through the Government's Probate Service. The forms will ask for information about the deceased person, their assets, and their beneficiaries. Pay the probate fees: Pay the probate application fee, which is based on the value of the estate. As of my knowledge cutoff date in September 2021, the fee structure was tiered, with different fees for estates valued above or below a certain threshold. It's important to check the current fee structure as it may have changed since then. Submit the application: Once the application forms are complete, submit them online along with the required supporting documents. You may need to send the original will and any other relevant documents by post. Await confirmation and grant of probate: The Probate Service will review the application. If everything is in order, they will issue a grant of probate, which is a legal document that confirms your authority to administer the deceased person's estate. Administer the estate: Once you have the grant of probate, you can begin administering the estate. This involves gathering and distributing the assets according to the terms of the will or the laws of intestacy if there is no will. It may include tasks such as paying off debts, selling property, closing accounts, and distributing inheritance to beneficiaries. It's important to note that obtaining probate can be a complex process, especially if the estate is large or if there are disputes among the beneficiaries. It may be helpful to consult with a solicitor or a professional probate service to ensure that you follow the correct procedures and fulfil all legal requirements.