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Probate
Applying for the legal right to deal with someone’s property, money, and possessions (their ‘estate’) when they die is called ‘applying for probate’.
If the person left a will, you would get a ‘grant of probate’.
If the person did not leave a will, you will get ‘letters of administration’.
When do we need Probate?
You may not need probate if the person who died:
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had jointly owned land, property, shares or money – these will automatically pass to the surviving owners.
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only had savings or premium bonds
Contact each asset holder (for example a bank or mortgage company) to find out if you will need probate to get access to their assets. Every organisation has its own rules.
Who can apply?
Only certain people can apply for probate to deal with the estate of someone who died. It depends on whether the person who died left a will.
A will states what should happen to a person’s property and belongings (‘estate’) after they die. It’s usually valid if it’s been signed by the person who made it and 2 witnesses.
If there is a will...
You can apply for probate if you are named in the will, or in an update to the will (a ‘codicil’), as an ‘executor’.
You will need the original will and any updates to apply for probate. These must be original documents, not photocopies.
If the person did not leave a will...
The ‘administrator’ deals with the estate.
You can apply to become the estate’s administrator if you are 18 or over and you are the most ‘entitled’ inheritor of the deceased’s estate. This is usually the deceased’s closest living relative.
How long will it take?
Estate administration is a long and complex legal process, so expect it to take months rather than weeks. As each estate is different. It is almost impossible to tell how long the process will take without knowing more about the specific nature if the estate.
What are my options?
If you decided to undertake the work yourself, you should be also aware that you are personally liable for any mistakes made during the process such as completing tax returns and legal paperwork. For these reasons, many people to appoint a specialist legal firm to do the work on their behalf.
