What is Probate?

Probate Is The Process Of Officially Proving The Validity Of A Will.

When a person dies someone else has to deal with their estate whether they died with or without a Will. The Probate Registry acts to confirm who t is necessary for the person who will administer the Will to fill out certain forms enabling the Probate Registry to confirm that the Will is valid and legally binding.

If a person dies intestate (without a Will) there will be no named executors to carry out the wishes of the Will. Somebody else will therefore have to take responsibility and in order to do so legally they will have to obtain letters of administration. The same would apply to someone named as an executor but is unable or unwilling to take on the

On the other hand, if there is a Will and there are named executors, then they will need to obtain a grant of probate.

Either way, the probate office must grant certain documents before you proceed.

Obtaining Probate

The executor of the Will can apply for a grant of probate or a solicitor can do it. Fees are generally around £100 per hour and 1% of the estate.

If an executor does it without the aid of a solicitor they will need to pay a fee of £130 and pay any inheritance tax outstanding. This has to be paid before probate is granted and before the Will can be administered.

Grants Of Administration

Intestacy Grants of Administration are normally granted to one or more persons who are entitled to a share in the estate of a deceased person who has died without leaving a Will. It can also be granted to a person (individual or company) acting on behalf of such persons such as a solicitor.

Grants Of Probate

Legal Will Grants of probate are normally granted to the executor of a legally valid Will. The executor will administer the estate subject to the wishes of the deceased.

The Requirements Of The Probate Registry

In order to claim either document you will need to provide the Probate Registry with the following:

  • The death certificate.
  • Name, address and occupation of the proposed Administrator.
  • A declaration of the total value of the assets.
  • Payment of inheritance tax.