Croydon Solicitors

What does the term probate mean?

This term normally applies to the right to deal with a person’s after a successful application. It is also sometimes called ‘administering the estate’. An executer is the person appointed to deal with the deceased’s persons affairs.

If the person who has died leaves a will

It is possible for one or more executors to be named in a will. This is normally so that one executor can monitor another to see they are acting in good faith.

What steps would the executor then take?

First the executor would apply for a grant of probate through the probate registry which is located in certain courts.

If the court are satisfied that the executor is who he claims he is given a legal document which confirms their authority to deal with the estate. They can use it to manage the deceased’s property, money and possessions. They will also be able to use it to show they the right to access funds, and collect and share property with those specified in the will.

If the deceased did not leave a will

If the deceased did not leave a will, then a relative of the deceased can apply for a ‘grant of letter of administration’. This is another word for probate in the case that a will has not been left.

If the grant is awarded then the relevant persons granted the letters of administration will be known as administrators. This document is, much like the grant of probate, a legal document which confirms the administrator’s authority to deal with the deceased’s assets.

Are grants of probate/letters of administration always needed

A grant is almost always needed if the deceased leaves £5,000 or stocks/shares or certain insurance policies or property or land held in common.

In general most institutions such as banks will need to see the original grant before passing over control of the assets. However smaller organisations such as insurance companies may release money using their discretion.

When will a grant not be necessary?

Where the person who died left less than £5,000 or owned everything jointly with someone else and everything passed automatically over to the other spouse.

In order to ascertain whether the assets can be managed without a grant, the executor or administrator would need to write to each institution disclosing the death has taken place and including a photocopy of the death certificate and Will (if there is one).

Will inheritance tax be due?

Probate will not be granted to the representative until some or all of any due Inheritance Tax is paid.