WHAT IS PROBATE

 

Probate involves the official issuance of a grant of representation (either grant of probate or grant of letters of administration) which gives an individual the legal right to deal with the deceased’s estate.

Probate can mean one of two things:

1. If the deceased person died with a Will in place probate is the legal process of cerifying the validy of a Will by a court of law. In England that is the High (Probate) Court which will issue a grant of probate to the executor.

2. If the deceased person died without a valid Will in place, probate is the legal process to settle the deceased's estate. The High (Probate) Court will issue grant of letters of administration to the applicant who is usually a close relative.

Q. What is the purpose of probate

• Validating the Will of the deceased;
• Allow creditors of the deceased to file claims for payments;
• Transfer property of the deceased to the beneficiaries;
• Take evidence and settle any disputes and challenges regarding the deceased’s Will.

Q. Where does one apply for probate in England

A. In England & Wales one applies to the High (Probate) court. In Scotland the executor of a Will needs to apply for grant of Confirmation (Scottish equivalent of Porbate) from the Commissary Department oft the local Sheriff's Court.

Q. How long does it to be granted probate?

A. Usually within 16 weeks of submitting the application. Check for updates here.

Q. How does an executor apply for probate.

Identify the deceaed person's assets (bank accounts, property, shares, any other investments, jewellery, loans, mortgage, any other debts)

Firstly check if probate is actually needed.

 

 

 

Q. How to apply fro probate if the original Will cannot be found.

You (close relative of deaceased) need to complete form PA13 when apply for probate.

 

Q. Is probate needed in every case when a person dies?

A. No. If the deceased person only left money in a bank account or all his assets were owned jointly with others as joint-tenants with right of survivourship then probate is not necessary.

Q. Is a solictor necessary to apply for probate.

A. In England there is no legal requirementto use a solictor or law firm, not is there an obligation to use the solicitor, law firm or bank who prepared the Will to act as executor. In Scotland part of applying for grant of Confirmation from the Sherrif's Court involves taking an oath before a solictor for the valuation of the deceased's estate.

 

 

What is probate?

 

 

Probate procedure in the U.K.