What is a Grant of Probate?
‘Probate’ is the general term for all the various legal and financial processes involved in dealing with the ‘estate’ left by someone after death. The estate includes assets, such as property, investments, savings, pensions and possessions and also any liabilities such as loans, credit cards and bills.
In order to begin the process, you will need to obtain a ‘Grant of Probate’. This is a Court order, which will appoint one or more people as ‘Personal Representatives’ granting them the authority to deal with the estate. The Personal Representatives can either handle the matter directly themselves, or appoint a solicitor to administer the estate for them. In most cases there will be a Will left by the deceased, leaving instructions on how they wish for the estate to be distributed amongst friends and family. It is it the responsibility of the Personal Representatives (or their solicitor) to carry out these wishes.
If they passed away without leaving a Will, you will instead need to apply for ‘Letters of Administration’. Whilst these letters serve much the same purpose as a Grant of Probate, the process of obtaining them is more difficult. Without a Will to name executors and wishes, the entire family tree must be investigated in detail to take any and all relatives into account and make contact appropriately. This may require employing Genealogists to locate and trace all family members.
When applying to the court for the Grant of Probate, you will need to supply a full valuation of the estate, including the value of any properties, bank accounts, investments and any other assets. If you are applying for the Grant by yourself, you will be required to attend a personal interview at the local Probate Registry and will need to be satisfied that you have carried out all the correct steps and obtained accurate valuations.
You are also able to instruct a solicitor to handle the Grant of Probate application for you, which we would be more than happy to assist with. Along with the application itself we would also prepare a full valuation of the estate, as well as writing a ‘Statement of Truth’ as part of our services, which would negate the requirement for you to attend any interview at the Probate Registry. We are also able to apply for Letters of Administration if necessary.
How Can Our Family Law Solicitors Help?
If you have any queries about any of the processes involved in administering the estate of someone who has passed away, please feel free to contact our offices and one of our specialist team will be happy to help.
If you know someone who has passed away, and feel that their wishes are not being carried out, or that their estate is being administered improperly, then our Dispute Resolution team may be able to help you further.
Alternatively, the following resources may prove useful in answering any queries you may have:
Banner Jones have been appointed as the professional executors in the Will. Are you still able to act during the current circumstances?
Dealing with an estate is a complicated, time consuming, and difficult process, so it is common for people to appoint a solicitor as their professional executor, to reduce the burden on family and friends. As a long-standing law firm in the area, we have been appointed professional executors by many people over the years.
Please be assured that, whilst our offices are currently closed, our teams are all still working remotely and are fully able to continue in their roles of administrating the estate. The work involved in administering an estate is carried out by communications through e-mail, phone and post, all of which we still have usual access to. We are working with local contacts to ensure we are still able to deal with funeral and property arrangements, and are liaising with Government bodies to make sure we can still obtain Death Certificates and Grants of Probate.
For more information on our Full Estate Administration service click here.
How do I register a death?
We have been in touch with our local Registry Office who have confirmed that because they are classed as key workers, they will continue to remain open to register deaths. This will allow us to then progress your matter as normal.
We are however anticipating delays with the turnaround at the probate registry as things progress, but we will keep you updated as we know more.