What is Probate?

The term probate means a legal document issued to one or more people (called the executors) by the Probate Registry authorising them to deal with the administration of the estate.
The Probate Registry grants probate. This is known as the grant of representation, but can only do so after seeing legal proof that you are the executor. Once the Probate Registry confirms the executor, the executor can begin the administration of the estate.

If there is a will with named executors then these will be the first people entitled to a grant. If there are no executors or the executors are unwilling to apply then the next person entitled to a grant is any person named in the will to whom the deceased has given his entire estate or the remainder of the estate after gifts have been paid.
 

If the person dies intestate that is without a will then his/her next of kin should apply for a grant in the following order of priority:

• Husband or Wife
• Sons or daughters
• Parents
• Brothers or sisters
• More distant relatives

A grant can be issued only to an adult. The only illegitimate relatives that obtain a grant are illegitimate children. A maximum of four applicants are allowed to apply. The grant will be issued to the first applicant.

There are two types of grant of representation:

1. Probate- Issued to one or more of the executors named in the deceased will to deal with the estate.
2. Letters of Administration with will. This occurs when there is a will but no executor has been named or when the executors are unable to apply or do not wish to be involved in dealing with the estate.

The executor is entitled to act as a personal representative of the deceased. Although the executor has the authority to administer the estate, the person must follow the will (providing it is within the statutory requirements) and deal with the estate and beneficiaries. The person has the authority and power to start to collect the estate’s assets arrange for their sale or transfer to the beneficiaries. Before the assets can be distributed, all liabilities of the estate must be paid first. This includes not only the liabilities of the estate but also tax. The executor is responsible for paying off all competitors and finding any unknown creditors. It is important to remember that as the executor or administrator of the estate you are legally liable for administering the estate properly and ensuring that the assets are distributed to the proper beneficiaries.

The executor does not have to be a relative or a friend of the deceased. The executor can be a professional service provider (e.g. solicitor).
 

Probate | Probate Estate | Probate of Will | Probate Wills | Probate Will | Probate Wills | Wills and Probate | Probate Registry | Probate UK | Probate and Wills