What is Probate?

This is the legal authority to administer a deceased’s estate. In simple terms, this means carrying out the necessary legal and financial processes involved in dealing with the property, money and possessions (called the assets) of a person who has die.

What is a ‘Grant of Probate’?

A Grant of Probate is an order of the Court giving one or more people the legal authority to administer the estate of the deceased in order to distribute it correctly to the beneficiaries.

Who can apply for the Grant of Probate?

There are different types of Grant depending on the circumstances and who is to deal with the estate, the main types of which are: –

• The Grant of Probate, where there is a Will
• Letters of Administration, in situations where there is no Will

The people who have the right to apply for a Grant of Probate are the Personal Representatives (PRs) of the estate. PRs are either the Executors named in the Will or the next of kin following the Rules of Intestacy if there is no Will.

The people named in the Grant of Representation are legally responsible and ultimately liable for the administration of the estate of the deceased. The decision about who is named on the Grant of Representation is a very important one because it carries this responsibility.