In England and Wales, a Grant of Probate is a legal document that gives a specified person (or people) the authority to wind up a deceased person’s Estate. In Scotland it is known as Confirmation.
Why is a Grant of Probate necessary?
When someone dies, there are a lot of things to sort out.
Unless everything is being inherited by a spouse or civil partner, it is likely that bank accounts will need to be closed down, utilities finalised, post redirected and outstanding debts paid. Property may have to be sold or the ownership transferred, personal possessions disposed of or distributed to beneficiaries, and pets taken into care.
Together, this is known as the administration of a deceased person’s estate.
The law recognises that it would be dangerous just to allow anyone to administer a deceased person’s estate. This could pave the way for all sorts of unwelcome situations, such as fraud, embezzlement and denying beneficiaries their rightful inheritance. That is why the Probate process exists.
Probate ensures that the right person (or people) are administering a deceased person’s estate.
Getting a Grant of Probate UK
Whoever is entitled to apply for Probate must make an application to the Probate Registry. If there is a valid Will in place, this will be the executor(s) named in the Will. Otherwise, it will be the deceased’s next of kin, as set out under the Rules of Intestacy. For the purposes of Probate, this person will be known as the administrator.
The application itself requires some work, the extent of which will vary according to the complexity of the estate. The executor or administrator must –
- Fill out a PA1 form, which involves providing a lot of information about the deceased and their
relatives - Fill out an Inheritance Tax form, which involves calculating the value of the estate and working out if Inheritance Tax must be paid
- Get an official copy of the death certificate
- Get the original Will (if there is one) and three copies
- Write a cheque to cover the Probate Registry fee
All of these things must be completed and sent to a Probate Registry.
The Probate Registry will consider the application and, if there are no problems, will issue a Grant of Probate. If there is no Will, it will issue a Grant of Letters of Administration instead. This is the same as a Grant of Probate but is used in an intestacy situation (where someone dies without a Will).
What happens next?
Once the executor or administrator has received the Grant of Probate, it means he/she has the legal authority to deal with the deceased person’s assets. This will enable them to do things like withdraw funds from the deceased person’s bank account, sell a property held in the deceased’s name, and distribute their possessions to their beneficiaries.
Therefore getting a Grant of Probate is just the first step in the process of administering a deceased person’s estate.
Probate solicitors near me
If this sounds like a daunting prospect, you can always ask a probate solicitor for help. A probate solicitor can get the Grant of Probate on your behalf and can handle everything else that is required to finalise your loved one’s affairs.
If you would like to be put in touch with probate solicitors near you, let us help. We can connect you specialist Probate providers near you, and we offer this service 100% free of charge. Contact us to find out more, or fill in the free online enquiry form.