‘Probate’ is a term used when talking about applying for the right to deal with the estate of someone who has died.
The person who has the right to deal with or ‘administer’ the estate is the deceased’s Personal Representative.
The role of the Personal Representative is to:
- Collect in all assets of the deceased
- Pay the liabilities
- Distribute the balance according to the deceased’s Will or the intestacy rules
The Personal Representatives must apply for and obtain a ‘grant of representation’ from the court.
The Personal Representatives will either be the deceased’s executors or intended administrators.
The person died leaves a Will
In this case one or more ‘executors’ may be named in the will to deal with the person’s affairs after their death. The executor(s) applies for a ‘grant of probate’ from a section of the court known as the probate registry.
The grant confirms that the executor has the authority to deal with the deceased person’s assets (property, money and possessions).
The person who has died did not leave a will
In this case, a relative of the deceased can apply to the probate registry to deal with the estate. In this case they apply for a ‘grant of letters of administration’. If the grant is given, they are known as ‘administrators’ of the estate. Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.
How we can help?
We understand how upsetting it is when a loved one passes away. This is often exacerbated by the responsibilities of having to administrator an estate. It is our aim to assist you through this time by making every step of the way as straightforward as possible.
We can help with funeral arrangements, notifying banks and other relevant parties, calculating the IHT, applying for and obtaining the Grant of Probate, preparation of estate accounts and distributing the estate.
Call or contact us and speak to one of our dedicated wills and probate solicitors. We are happy to arrange home and hospital visits for those who are unable attend our offices.
Probate Solicitors and Lawyers in South East London Serving Lewisham, Lee Green, Hither Green, Grove Park, Greenwich, Blackheath, Kidbrooke and Eltham.