How To Obtain a UK Grant of Probate for a US Probate Case
If you are the personal representative of a deceased person's estate in the United Kingdom, you need to apply for a UK grant of probate.It is possible to access the deceased person's assets in the UK, including any bank or investment accounts, and to transfer real estate through the grant of probate.If you want to handle the international estate, you need to hire a UK solicitor and a US attorney.
Step 1: You can talk to the estate's attorney.
If the estate already has an attorney, they can help you hire a UK solicitor to help with the UK grant of probate.If you haven't already hired an attorney for the estate, a US attorney may be helpful in sorting out the international estate.Lawyers in the UK are called solicitors.They handle a lot of contractual and transactional issues for people in the UK.The estate's attorney should be able to help with your search.They may have a better understanding of how to evaluate the potential solicitors you find, since they will be working with the solicitor you hire.
Step 2: Search for lawyers in the UK.
The solicitors in the UK are regulated very tightly.Look for someone who is a member of the Law Society's Wills and Inheritance Quality Scheme.The Law Society requires that members of the scheme have experience and qualifications that meet their requirements.The Law Society has a website where you can find potential solicitors.You can find anolicitor at www.lawsociety.org.uk.For convenience, look for offices near the location of the deceased person's assets.Solicitors with experience handling international estates should be your focus.
Step 3: Interviews with potential solicitors.
Rather than just finding a name on the internet and hiring that person automatically, make arrangements to interview two or three probate solicitors so you can find the one who will best suit the needs of the estate.If you can't travel to the UK to interview a solicitor, most will be willing to meet you online or over the phone.If you have to travel to the UK later on to get your grant of probate, it's not a good idea to hire a lawyer.An initial consultation with the solicitor is usually free.Use this opportunity to learn more about each solicitor, as well as how much experience they have handling international estates that are in the U.S.If you have a question or concern, find out when the solicitor will be available and translate those hours into local time.If you don't mind staying up late or getting up early in the morning, you may be able to communicate with the solicitor directly.
Step 4: You should sign a written agreement.
Once you've chosen the solicitor with whom you want to work, get them to send you a written contract that outlines the terms of the representation and the fees the estate will be charged in detail.Before you sign the agreement, make sure you understand it.Before you sign the agreement, you may want to call or email the solicitor to get an answer to any questions you have.The payment will be made in British pounds.You will have to pay using a credit card or bank draft.Make sure you have an agreement on the best and most efficient method to pay the solicitor, and have a good understanding of the exchange rate between British pounds and American dollars.
Step 5: You have to download the required forms.
You can get the forms and instructions from the UK's government website.Clicking on "births, deaths, marriages and care" will bring up more information and links to download the forms you need.There is an outline on the website that walks you through the basic process in the UK.There is a section on applying for a grant of representation.The person who applies for a grant of representation is the one who is in charge of the estate.You have the legal right to access the deceased person's assets in the UK.You can find links to download forms on the UK government website.The website can give you a good understanding of how the process works and why your solicitor is asking for certain documents or information.
Step 6: Information and documents should be gathered.
There are a number of original documents that must be included in your application.You are responsible for getting these documents together so they can be sent to the UK.You need to submit an official copy of the death certificate and original will.Before you send the will to the UK, you need to make a copy of it.Attach any other documents to the will if you want to, and remove any staples from it.You need to make three copies of the original will as well.If your application indicates that you should send other documents, they should be gathered as well.You might not know what these documents are until you complete the application.
Step 7: An affidavit of foreign law should be produced.
Many UK courts require an affidavit that describes the foreign law that applies to this particular estate.The affidavit shows how far along the process is for the estate.The affidavit must be completed by the estate's attorney in the US.Don't think you can do it yourself.If you haven't already hired a U.S. probate attorney, you will need one to complete the affidavit of foreign law.To find out if there are any U.S. attorneys with whom they've already worked, talk to the UK solicitor.If the estate already has an attorney, talk to them about whether they've completed an affidavit of foreign law before.The best way to serve the interests of the estate is to have a U.S. attorney prepare the legal document.
Step 8: You have to fill out the PA1 application.
You can fill out the application online and mail it to the registry, even if you can't submit it online.You can either print the application or fill it out by hand before mailing it to the registry.If you don't believe you'll be able to travel to the UK to swear your oath, you can appoint a lasting power of attorney.You might want to hire a UK-based lawyer to get the grant of probate for you under your will.Discuss this with your lawyer.The Office of the Public Guardian has to be registered with before the LPA can be used.
Step 9: You need to complete the inheritance tax form.
Even if you don't owe inheritance taxes, you still have to fill out an inheritance tax form.If you need help with this form, ask your UK solicitor.Instructions and a form can be downloaded from the UK government website.If no inheritance tax is owed, you should complete the form.If that form doesn't apply to the estate, you can contact the courts to get a copy, or have the UK solicitor get one for you.You can't receive a grant of probate until the inheritance tax forms are filed.
Step 10: You have to submit your required documents.
You need to send your documents to the appropriate registry once you have all of them.Pick the venue where you or your spouse will swear an oath to identify the right registry.You should submit your documents to the registry that is responsible for that venue.You can find the list of venues on the same website where you downloaded the forms, or you can talk to your UK solicitor.When you send your documents, they need to be accompanied by a cheque.You can either download a fee schedule from the same website where you downloaded the forms, or discuss the matter with your UK solicitor.50p will be added for each additional copy of the grant that you need.You need to figure out how many copies you need so you can get them all at once.You should inventory the British assets and property in the will to make sure you have a copy of the grant of probate for each agency or institution.If you are located in the U.S., it may be difficult for you to get a British pound cheque.Your UK lawyer can help you with this.Send the funds to them and they'll write the cheque for the fees.To save time, send your documents to your lawyer so they can arrange them together with the cheque and submit everything together.The application will not be processed until the fees are paid.
Step 11: You will receive your oath in the mail.
Within a few weeks of receipt of your application, you'll be sent an oath, which is a written document you must sign.Instructions for how to swear that oath will be included in the oath.You will get an acknowledgment of receipt of your application within the next 10 days.This is not an oath.The oath will be followed by something.You may be contacted by the registry for additional information if they have questions for you.If you want the questions to be directed to your UK solicitors, you should give them your name.You may have to contact witnesses to the will or sign additional documents before they send you the oath.
Step 12: You can schedule your appointment.
You have to make an appointment to swear your oath.The person named on the grant must swear the oath.Unless you've arranged for an liasion to obtain the grant of probate on your behalf, this is you.If you want to swear your oath in a solicitor's office, you have to pay an additional fee of £10 plus 50p for each exhibit.A list of exhibits, typically including a copy of the will, is listed on your oath.You can schedule an appointment at a venue for free.It only takes a few minutes to take the oath.Unless you have other business in the UK, it's not necessary for you to travel in person.If you don't travel, you have to get an liasion to swear the oath on your behalf so you can get the grant.
Step 13: Don't wear your oath.
On the day of your appointment, either you or your LPA must show up in person to sign the prepared oath you were mailed as well as make a verbal oath with your right hand on the religious book of their choice.In your verbal oath, you will affirm that the information you provided on your application is true and accurate to the best of your knowledge.The commissioner of oaths will acknowledge your oath after you have completed the verbal oath and signed the prepared document.
Step 14: Return your oath to the registry.
If you don't travel to the UK in person, the written document will be returned to you.The document must be submitted to the registry.If all required documents and fees have been received and are in good order, the registry will issue your grant of probate within a week.As it becomes a matter of public record in the UK, the original will you sent is kept.The original death certificate will be returned along with all copies you requested.If you make arrangements for your lawyer to pick them up in person, you can expect these documents to be mailed to you within a week or two.