Probate is the process of officially proving the validity of a will. However, the following information applies equally when the deceased person died without leaving a will, in which case the grant is called 'letters of administration'.
These terms refer to a legal document that allows the person(s) named in it to collect and distribute the estate (property, money, possessions, etc.) of a deceased person.
The grant is proof that a person, or persons, named in it are entitled to collect and distribute the monies or other assets of the deceased, and may be produced to the organisations (banks, building societies, etc.) who hold those assets.
It may not be necessary to obtain a grant in the following cases:
where a home is held in joint names and is passing by survivorship to the other joint owner
where a joint bank or building society account is held, the production of a death certificate may be sufficient for the monies to be transferred to the joint holder
certain institutions may release monies without a grant being produced if the amount held by the deceased is small (apply to the institution to see if they will release monies without a grant).
If the above circumstances do not apply, or if the institutions concerned inform you that a grant of probate is, or letters of administration are, required, you can choose to:
Contact a probate solicitor who will be able to help you deal with a newly inheritance property/estate you can visit the solicitor law society webiste to help find the type of solicitor you require.
The above website also gives information on preparing a Will and the consequences of passing-away without having made a will, you can also find information stating the laws of intestacy (where there is no Will).
You can also check if probate/letters of administration have been granted on the GOV.UK website.
If probate has been granted this document will give you the name and contact address of the appointed executor(s) of the estate who are now legally able to deal with the estate/property. It will also provide you with a copy of the Will of the deceased to enable you to see what the wishes of the deceased were and that the executor is obeying to them.
Last updated: 21/02/2025 12:41
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