Probate is the legal procedure to confirm the validity of a Will and identify who can manage the estate of the deceased. Before any assets can be sold or distributed, it may be necessary to apply for a Grant of Probate from the Court. This is an official document that authorises the Executor to administer the estate.

Grant of Probate

Executors are individuals appointed in the Will to fulfil this role. They may apply themselves for a Grant of Probate, but the procedure can be complex and time-consuming. For this reason, it is common to use a solicitor, such as a London law firm with the appropriate experience, like //www.forsters.co.uk/.

Executors

The role of an Executor is multifaceted. It involves settling any debts and distributing assets according to the Will’s instructions. If the deceased owned significant property or assets solely in their name, obtaining a Grant of Probate is usually necessary. Executors register the death, arrange the funeral, gather financial details, submit necessary paperwork to the Probate Registry and HMRC, pay any inheritance tax, notify creditors, collect assets and ultimately distribute the estate to beneficiaries.

Intestacy

When someone dies without a Will, this is called dying intestate. The estate then follows the Intestacy Rules, passing to the closest living relatives. In such cases, an appointed person applies for a Grant of Administration, a similar legal document to Grant of Probate but specific to intestate estates.

Once the application is submitted, the Court typically takes 12 to 16 weeks to issue either the Grant of Probate or the Grant of Administration.