What happens when the deceased leaves a will?
In this case one or more ‘executors’ may be named in the will to deal with the person’s liabilities and property after their death. They may require probate help to deal with this.
- The executor applies for a ‘grant of probate‘ from a section of the court knows as the probate registry.
- The grant is a legal document which confirms that the executor has the authority to deal with the deceased person’s assets (property, money and possessions).
- They can use it to show they have the right to get access to capital, sort out finances, and collect and share out the deceased person’s assets as set out in the will.
If you have a probate question, please call us now on 0808 223 9012 or complete the free enquiry form on the right hand side of this page ».
What happens if the deceased didn’t leave a will?
If there is no will, a close relation of the deceased can apply to the probate registry to deal with the estate.
- In this case they apply for a ‘grant of letters of administration’.
- If the grant is given, they are known as ‘administrators’ of the estate.
- Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.
When is a grant of probate required?
A grant is almost always needed when the deceased leaves one or more of the following:
- Stocks or shares.
- Certain insurance policies.
- Property or estate held in their own name or as ‘tenants in common’.
When a grant of probate may not be needed?
A grant may not be needed where:
- The deceased left less than £5,000.
- The deceased owned everything with a joint partner therefore everything is automatically transferred to the surviving joint owner.
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