Probate – Estate Administration

'Probate' refers to the application for the right to deal with a deceased person's affairs also referred to as 'administering the estate'.

There are different procedures to deal with the estate of the person who has died “the deceased” according to the circumstances:

If the deceased has left a Will

In this case one or more 'executors' may be named in the Will to deal with the affairs of the deceased after their death. The executor applies for a 'Grant of Probate' from a section of the Court known as the Probate Registry. The Grant is a legal document which confirms that the executor has the authority to deal with the assets of the deceased (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.

If the deceased didn't leave a will

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 issued, the applicant(s) are known as 'Administrators' of the estate. Like the Grant of Probate, the Grant of Letters of Administration is an Order of the Court which confirms the Administrator's authority to deal with the assets of the deceased. 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.

When a Grant is needed
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.

When a Grant may not be needed

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 general public can apply to a local probate registry for a Grant themselves but most people use a probate practitioner.

We can offer sensitive and practical advice in dealing with an estate such as: