WHAT IS PROBATE?
GRANTS OF PROBATE
What is Probate exactly?
A Grant of Probate is a court order that gives legal authority to someone to legally administer and distribute a deceased persons estate.
The phrase “Probate” is a general term that is often used to describe obtaining a “Grant of Representation”.
Grants of Representation are generally referred to as either Grants of Probate if the deceased has a will or Grants of Letters of Administration if the deceased has not made a will. Throughout these web pages the term Grant of Probate will be used to mean whichever type of Grant of Representation is needed.
If the value of the deceaseds estate exceeds £5,000, then it may be necessary to obtain a Grant of Probate from the court. The Grant of Probate is the legal authority given by the court to enable the deceased’s legal representative to collect in and distribute the estate.
THREE MAIN TYPES OF GRANTS OF REPRESENTATION
What are the three main types of Grant of Representation :-
- Grant of Probate (Deceased has made a will)
- Grant of Letters of Administration (Deceased has not made a will)
- Grant of Letters of Administration with Will (A will but no executors to act)
GRANT OF PROBATE
If the deceased leaves a will, which appoints executors (people to collect in and administer the estate), then the executors need to apply to the Probate Court for a Grant of Probate to be issued to them. This will give the executors the official and legal authority needed to collect in, administer and distribute the estate.
GRANT OF LETTERS OF ADMINISTRATION
If the deceased did not leave a will then someone, usually the deceased’s next of kin, will have to apply to the Probate Court for a Grant of Letters of Administration. This will give them official authority to collect in, administer and distribute the deceased’s Estate.
GRANT OF LETTERS OF ADMINISTRATION (WITH WILL)
This type of grant is issued when there is a will, but there is no executor named in the will, or when the executors named in the will are unable to apply, or do not wish to be involved in dealing with the estate.
We hope the answer to “What is Probate?” has been found on our page. However if you have any questions of need help administering your loved ones estate then please call us.