What is Probate?
Emma Longstaff | Associate Solicitor
Has somebody that you know died, and you’re not quite sure what needs to happen now with their assets? You’ve heard the term “Probate”, but you’re not quite sure what it means? By reading this article hopefully you will have more of an understanding of what Probate is and when it is required.
So what is Probate…
Probate (or Grant of Probate) is an Order granted by the Court giving the Personal Representatives the right to administer the estate.
This Order can be called different names depending on the circumstances and whether there is a Will or not. The different types of Grant that can be obtained from the Court on the death of a person are:
- 1. Grant of Probate (where there is a Will);
- 2. Grant of Letters of Administration with Will annexed (where there is a Will, but there is no executor able or willing to act);
- 3. Grant of Letters of Administration (where there is no Will; this is also called an Intestate estate). In this situation there is a certain order in which people are entitled to apply for this type of Grant.
When is a Grant required?
In an intestacy situation, where the person died without leaving a Will or the Will did not deal with their estate entirely, a Grant is required in order to appoint the Personal Representative to deal with the assets. There is no authority to do this until the Grant of Letters of Administration or Grant of Letters of Administration with Will annexed is obtained.
Where there is a Will, the executor’s authority is derived from that document. However, there are certain assets that require Grant of Probate, a common example being if a property was owned by the deceased in their sole name.
It is not always straightforward if a Grant is required and if you have any questions regarding anything mentioned in this article then feel free to contact one of our Probate experts here who will be happy to discuss this with you.
