What is Probate?

'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'. The term probate is often used in relation to proving wills after people have died.

In practice, different terms are used, depending on whether or not people have left wills and where they lived.

Where Wills have been left

In this case one or more 'executors' may be named in wills 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 which 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 peoples assets as set out in their wills.

Where Wills have not been left

Where wills have not been left, 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 which confirms the administrator's authority to deal with the deceased person's assets. In some cases, for example, where the person who benefits is a child, the law states that more than one person must act as the administrator.

Key Areas of Interest...

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