Providing the deceased has written a will ……
a ‘Grant of probate’ is a legal document which confirms that the executor (person named in the will and entrusted with dealing with a deceased person’s estate) has the authority to deal with the deceased person’s assets (property, money and possessions).
The executor needs to apply for a ‘Grant of probate‘ from the probate registry which is part of the courts service. The ‘Grant of probate’ can then be used to show they have the right to access capital, funds, sort out finances, and collect and distribute the deceased person’s assets as set out in the will.
What if there is no will?
If the deceased has not left a will (known as dying intestate) then the process is different and a little more complicated. An application for a grant of letters of administration will need to be made. A grant of Letters of administration is official document, issued by the court, which allows someone or a company such as Practical Probate to administer the estate) Letters of Administration are normally granted to one or more persons who are entitled to a share in the deceased person’s estate. It can also be granted to a person (individual or company) acting on behalf of such persons such as a Practical probate.
Once a grant of Letters of administration has been obtained then the estate must be distributed in accordance with the Administration of Estates Act which set out a statutory set of rules which leave a person’s estate to their next of kin in a fixed order.