유언 검인 신청
사망자의 유산을 관리하기 위한 유언 검인 신청 방법.
개요
When someone dies leaving a will, the executor(s) named in the will must apply for a grant of probate before they can deal with the deceased's assets (bank accounts, property, investments). If someone dies without a will (intestate), the nearest relative applies for a grant of letters of administration. The process is administered by HM Courts & Tribunals Service (Probate Registry). Most straightforward applications can be made online.
단계별 절차
Register the Death and Locate the Will
Register the death at the local register office within 5 days. Locate the original will — check with the deceased's solicitor, bank, or the National Will Register (Certainty). Order multiple copies of the death certificate (you will need them for banks and other institutions).
- Order at least 5–10 copies of the death certificate
- If you cannot find the will, check with the Principal Probate Registry
Value the Estate
Identify and value all of the deceased's assets (property, bank accounts, investments, personal possessions) and liabilities (debts, mortgages, funeral costs). You must report the estate value to HMRC. If the estate exceeds the inheritance tax threshold (currently £325,000, or £500,000 with the residence nil rate band), inheritance tax must be paid before the grant is issued.
- Obtain professional valuations for property and valuable items
- Joint assets may pass automatically outside the estate
- Check if any inheritance tax reliefs or exemptions apply (spouse exemption, business property relief, etc.)
Complete the Probate Application
Apply online through the Gov.uk probate service or by post (form PA1P for applications with a will, PA1A for intestacy). You will need: the original will, the death certificate, details of the estate's assets and liabilities, and the IHT form (IHT205 for excepted estates or IHT400 for taxable estates).
- The online application is quicker and easier
- You must sign a statement of truth confirming the information is correct
- If there are multiple executors, they must all be named (but not all need to act)
Pay the Probate Fee and Inheritance Tax
Pay the probate application fee (currently £273 for estates over £5,000). If inheritance tax is due, it must normally be paid before the grant is issued — you may be able to pay from the deceased's bank accounts using the Direct Payment Scheme, or arrange payment in instalments for property.
- No fee for estates under £5,000
- The Direct Payment Scheme allows banks to release funds to pay IHT before the grant
Receive the Grant and Administer the Estate
The Probate Registry will issue the grant of probate (typically within 4–8 weeks). Send copies to banks, building societies, and other asset holders to release funds. Pay debts and liabilities, then distribute the estate to the beneficiaries according to the will. Keep detailed accounts of all transactions.
- Place a statutory notice in The Gazette and a local newspaper (s.27 Trustee Act 1925) to protect against unknown creditors — wait 2 months before distributing
- Keep full estate accounts for all beneficiaries
- Consider obtaining a clearance certificate from HMRC before final distribution
비용
중요 경고
Executors are personally liable for the proper administration of the estate. If you distribute to beneficiaries and a creditor later emerges, you may be personally liable.
Inheritance tax is due within 6 months of the end of the month of death — interest accrues after that.