If your loved one did not leave a Will, you may still need to go through the Probate process. But instead of getting a Grant of Probate, you will need to apply to the Probate Registry for a Grant of Letters of Administration.
Is Probate needed if there is no Will?
Lots of people assume that Probate will not be needed because their loved one left a Will. Others assume
the opposite – that Probate is not required because their loved one died intestate (meaning there is no valid Will in place).
These are common misconceptions, and neither assumption is accurate. Probate does not depend on whether or not there’s a Will. Rather, it depends on the value of the deceased person’s Estate, and the way in which assets were held (jointly or solely).
Therefore, if your loved one has recently passed away, you will need to find out whether or not Probate is necessary. Do not assume that it is not because of the presence/absence of a Will. A probate solicitor will be able to advise you if Probate is required.
Does Probate differ if there is no Will?
If Probate is necessary, the process will differ slightly if the deceased person died intestate. An application must still be made to the Probate Registry, but this application will be for a Grant of Letters of Administration, rather than a Grant of Probate.
There are also rules around who is allowed to make this application. When there is a Will, the matter is fairly clear-cut, as the deceased person will have named Executors in their Will. These people are responsible for applying for Probate and winding up the deceased’s estate.
But there will be no such guidance without a Will, which is why the law has very strict rules on who can apply for a Grant of Letters of Administration. This is generally the deceased person’s next of kin, and for the purposes of Probate that person will be known as the Administrator.
The Probate process if there is no Will
Otherwise the Probate process is largely the same. For example, the Administrator must calculate the value of the deceased’s estate and work out if Inheritance Tax is due. The Administrator must then swear an oath and make an application to the Probate Registry.
Once a Grant of Letters of Administration has been received, the Administrator is able to set about administering the estate. The tasks involved will vary according to the circumstances, but may include selling or transferring property, paying debts and seeking out creditors.
One of the final jobs is to distribute the estate to the beneficiaries. Again, this is a little different, because the deceased will not have set out who should inherit what in a Will. That means the estate must be distributed according to the Laws of Intestacy, with the deceased’s next of kin receiving the greatest share.
Help with the Probate process
If you would like help with the Probate process, we can put you in touch with probate solicitors near you. This service is 100% free of charge. To get started, just fill in our free online enquiry form or contact us to find out more.