Probate

What is Probate?

Probate is the process of dealing with an estate when a person has died.  When somebody dies the responsibility of handling their assets and liabilities will pass to between one and four people.  It will be this individual, or individuals, who are responsible for dealing with the person’s estate in the manner they indicated in their will. 

In the event that the person did not leave a will then the rules of intestacy will apply to their estate. 

The personal representatives of an estate are known as either executors, if a will exists, or administrators when there is no will.   In order to act as a personal representative you may need a grant of representation.   

Grant of Representation

What is a Grant of Representation?

A Grant of Representation is a legal document which provides proof that you are entitled to handle an estate.  It enables you to act on behalf of the deceased to administer the estate to their wishes. 

There are two different grant types

• Probate
• Letter of Administration

The former is issued when one or more executors are named in the will, with the letter of administration being issued when either no executors are named or there is no will.

When do you need a Grant of Representation?

You need to apply for a Grant of Representation in the following circumstances:

• The estate owns property
• The estate owns stocks or shares
• The estate contains bank or building society accounts which contain more than £10,000

When, usually, don’t you need a Grant of Representation?

• If everything relating to the estate is held jointly. In this instance everything will normally pass directly to the deceased’s partner.
• The estate bank or building society accounts amount to less than £5000
• When property is jointly owned as beneficial joint tenants.

How to get a Grant of Representation

You get a Grant of Representation from the Probate Registry.  In order to apply you will need the original will, and copies, a completed inheritance tax form and a copy of the death certificate. 

How can our Probate Solicitors help?

At Arthur Jackson & Co Solicitors our probate solicitors have a wealth of experience in dealing with the complex and often sensitive matter of probate administration.  They can provide the support you want at the level you need, whether this is helping manage you through the entire process or identifying the correct route for you to deal with the estate effectively yourself. 

Free Consultation
No Obligation

Arthur Jackson & Co Solicitors will only use your information for the purposes of your enquiry.