General Article

What is a Probate?

The death of an individual is of course not only significant because of the loss of life, but also because of the actions that will need to be taken in relation to the person’s will; these actions can of course have an effect on various individuals. You may find yourself in a position where you need to apply for a probate. There are various things that must be understood regarding this area. A probate is the right to deal with an individual’s estate when they die: their property, money and possessions.

You will receive a grant of probate if a person left a will. It is usually the executor who applies for the probate. This is somebody in the will or an update of it and they are named to be able to deal with the estate. The deceased individual will normally have told the relevant individual they are an executor. Should it be the case there is more than one executor, a decision must be made by the executors as to who makes the probate application. If you are unable to be an executor or do not wish to be one, a replacement executor may be found in the will.

If it is the case more than one will exists, the recent one will be viewed as the valid one. If the deceased individual did not make a will, you can make an application to be an ‘administrator’ of an estate; the process for this is the same as applying for a probate. It is usually the next of kin able to apply to be an administrator, which may be for example, a civil partner or child.

If you are an executor you may apply for a probate yourself. Another option is to use an individual licensed in providing probate services, or to use a solicitor. In the case there isn’t a will you may make an application for letters of administration.

It is of course important to be able to understand as much as you can regarding the important topic of wills. It is understandable perhaps legal advice may be helpful when it comes to this. If you do need advice on wills solicitors will be of great importance to you. A visit to gov.uk may prove useful for the topic of probates, for example, some may find this link useful to search for a past probate.

Leave a Reply