GRANT OF PROBATE
Probate is the term commonly used to describe the legal process that has to be followed after somebody’s death. The legal process varies according to whether the deceased person left a will, or died Intestate, that is without a will.
If the Deceased person left a will, then the person(s) responsible for the administration of the estate will be the Executor’s named in the Will. They will be responsible for collecting the deceased person’s assets, distributing the estate and paying any debts.
The will may name more than one executor however not all the Executors need apply and it is common for just one Executor to apply, as the probate rules do enable an Executor to renounce probate ( that is withdraw from the probate process altogether and have no involvement whatsoever in the administration of the estate).
Before assets can be collected and the estate administered, the Executor’s have to apply to the Probate Registry for what is known as a Grant of probate. The grant is a legal document which states the Deceased’s full name, as well as the Executors entrusted with the administration of the estate. The grant can then be presented to various financial institutions to collect the Deceased’s assets.
Is a grant of probate always necessary?
We are frequently asked whether a grant of probate is always required after somebody’s death. The short and simple answer is that a grant of probate is no. For example, very small estates under £5000 do not require a grant while those assets held in joint names (such as bank accounts or property) pass to the survivor on the Deceased persons death.