 the company, asking for a final statement.
If the property is to be sold, the mortgage will be paid out of the sale of the property.
Joint bank accounts
Couples may also have joint bank or building society accounts. If one dies, all the money will go to the surviving partner without the need for probate or letters of administration. The bank may need the see the death certificate in order to transfer the money to the other joint owner.
Probate or letters of administration may still be needed if there are other assets that are not jointly owned.
If the amount of money is small
The estate may be made up of a relatively small amount of money held:
- in a bank or building society account
- in a pension fund
- by an insurance company.
If, after the funeral expenses have been paid, the amount of money held by the organisation is under a certain amount, they might be prepared to release it to you without you having to apply for probate or letters of administration. This amount may vary from one organisation to another, so you will need to check with each one.
Some banks and building societies will release quite large amounts without the need for probate or letters of administration. Also some banks and building societies money will release money needed to pay for a funeral, probate fees and inheritance tax but nothing else until you have been granted probate or letters of administration.
This depends entirely on the policy of the organisation in question. They do not have to release anything, however small the amount of money. If the organisation refuses to release money without probate or letters of administration, you must apply for probate or letters of administration even if it is not otherwise needed.
Do you need a solicitor
Many executors and administrators act without a solicitor. However, if the estate is complicated, it is best to get legal advice. You should always get legal advice if, for example:
- the terms of a will are not clear
- part of the estate is to pass to children under the age of 18
- the person who died has left money or property in a trust
- the person who died owned land or property abroad
- the person who died owned a business
- anyone is likely to dispute the will.
The legal fees can be paid for from the estate.
If there are any problems with the way that executors or administrators deal with the estate, for example, if there is unreasonable delay or if the executors or administrators misuse their legal powers, you will need legal advice.
For more information about getting legal advice, see Using a solicitor.
How long does it take to get probate or letters of administration
The time it takes to get probate or letters of administration varies according to the circumstances. It may only take three to five weeks if there are no complications, inheritance tax is not payable, the estate is straightforward and all forms are filled in properly. However, in more complicated cases, it may take much longer.
How to apply for probate or letters of administration
To apply for probate or letters of administration, you need to fill in a number of forms. You always need to fill in form PA1. This form asks for details about the person who has died, their surviving relatives, the personal representative and some details about the will, if there is one.
You will also need to fill in other forms depending on what is in the estate and how much it is worth.
You can obtain the forms and further advice by telephoning the HMRC Probate and Inheritance Tax Helpline on 0300 123 1072. The Welsh language helpline is 0845 302 1489.
PA1 and other forms can be found on GOV.UK at www.gov.uk.
You will have to go for an interview at a probate registry when you have sent in the forms, so return the forms to the probate registry where you would like to go for the interview. With the forms, you also have to send:
- the original will (if there is one) and three copies
- the death certificate
- the inheritance tax forms
- the probate fee.
Make sure you keep copies of the forms and anything else you have had to send with the forms.
The pro