Grant of Probate
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If you have lost a loved one and wish to apply for a Grant of Probate, you may need support and guidance throughout this difficult process.
Probate is the legal proof that a Will is valid. The Executor of a Will may have to apply to the courts for the right to deal with the estate. Only then will they be able to distribute any money or property according to the wishes of the deceased.
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Probate is a term commonly used when talking about applying for the right to deal with a deceased person’s affairs. It’s sometimes called ‘administering the estate’.
Where a person who has died has left a will, one or more ‘executors’ may be named in the will to deal with the person’s affairs after their death. The executor applies for a ‘grant of probate’ from a section of the court knows as the probate registry. The grant is a legal document that confirms that the executor has the authority to deal with the deceased person’s assets (property, money and possessions). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person’s assets as set out in the will. You can ask a solicitor to apply for the grant for you.
If there is no will, a close relative of the deceased can apply to the probate registry to deal with the estate. In this case they apply for a ‘grant of letters of administration’. If the grant is given, they are known as ‘administrators’ of the estate. Like the grant of probate, the grant of letters of administration is a legal document that confirms the administrator’s authority to deal with the deceased person’s assets.
A grant is almost always needed when the person who dies leaves one or more of the following:
- stocks or shares
- certain insurance policies
- property or land held in their own name or as ‘tenants in common’
In most cases above, the bank or relevant institution will need to see the grant before transferring control of the assets. However if the estate is small some organisations, such as insurance companies and building societies, may release money to you at their discretion.
A grant of representation may not be needed where:
- the person who died left less than £5,000
- they owned everything jointly with someone else and everything passes automatically to the surviving joint owner
To establish whether the assets can be obtained without a grant, the executor or administrator would need to write to each institution informing them of the death and enclosing a photocopy of the death certificate (and will if there is one).
The personal representative won’t be granted probate until some or all of any Inheritance Tax that is due on the estate has been paid.
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