Dealing with the death of a loved one is never easy and the administrative burden of probate can feel overwhelming at an already difficult time. One of the most common questions our clients ask is: ‘What documents do I need?’
This guide sets out the key documents typically required to obtain a Grant of Probate (or Letters of Administration) and to administer an estate in England and Wales.

What Is Probate?
Probate refers to the legal process of administering a deceased persons estate. If the deceased left a valid Will, the executor applies for a Grant of Probate, giving them legal authority to collect assets, pay debts, and distribute the estate. If there is no Will, the next of kin applies for Letters of Administration instead.

Documents Needed to Begin

• The original Will, including any codicils (amendments)
• The original death certificate 
• The deceased’s birth certificate
• Marriage or civil partnership certificate (if applicable)
• Any decree absolute or dissolution order if the deceased was previously divorce

Financial Documents
You will need to compile a full picture of the deceased’s assets and liabilities:

• Bank and building society statements for all accounts
• Investment and share portfolio statements
• Pension correspondence and death-in-service notifications
• Life insurance and endowment policies
• Property deeds, mortgage statements, and Land Registry title information
• Premium Bonds and NS&I Bonds
• Outstanding loans, credit card statements, or hire purchase agreements
• HMRC correspondence and recent tax returns
• Business accounts or partnership agreements if the deceased was self-employed

Tip: If contacting the deceased’s bank, ask for their bereavement team! Most banks and utility providers have specialist bereavement teams who will deal with matters in a more empathetic and efficient manner than general call centre staff.

Inheritance Tax Documents
Before a Grant of Probate is issued, HMRC may need to be notified of the estate’s value. Depending on size and complexity. If Inheritance Tax is due, at least some tax must be paid before the Grant is issued. Your solicitor can advise on the proportion of tax that must be paid and your options for payment including the Direct Payment Scheme and obtaining a grant on credit if no funds are accessible.

The Probate Application
Once IHT forms are in order, depending on the type of application you are making you may submit the application to HM Courts & Tribunals Service (HMCTS) online or you may need to submit a paper application by means of a form PA1P or PA1A.

If the deceased left a Will the original will also be required by HMCTS. A solicitor will advise on the form and process. A fee of £300 plus £16 per copy of the Grant must be paid to HMCTS at the time the application is made. 

Administration of the estate.
After the Grant is issued, further documents will be needed:

• Assent or property transfer deed
• Stock transfer forms if shares are to be transferred to beneficiaries of the estate
• Closure or transfer forms to deal with the deceased’s bank and building society accounts
• Claim forms relating to pensions, bonds, life assurance and various other assets
• R185 certificates in relation to income tax
• A Deed of Variation will need to be prepared if beneficiaries wish to redirect their inheritance. This must be done within two years of the date of death, if a claim to HMRC is needed for the variation to be read back into the Will for some tax purposes. Legal advice should be sought on these documents as there are strict rules to be adhered to for the documents to be valid and effective.

How Long Does Probate Take?
Simple estates can be concluded in a matter of months, but complex estates involving property sales, disputes, or significant IHT can take considerably longer. 

Do You Need a Solicitor?
There is no legal requirement to use a solicitor, but many people choose to, especially as this ensures that their legal obligations are carried out correctly. This is a worry for many people as some of the legal duties carry with them personal
responsibility if any breaches are made. It is especially important to consider using professional assistance for estates where there are:

• Significant assets
• IHT is payable
• There is a claim to make for an exemption to or relief against IHT
• Trusts are involved
• Foreign assets
• There is a dispute
• There are business assets or agricultural property

Professional help can save considerable time, reduce stress, and help avoid costly mistakes. Our probate team offers a compassionate and professional service, guiding executors through every stage of the process. Contact us today for a free initial conversation.