Applying for probate Probate basics
Understanding probate
The term ‘probate’ (or ‘probate of the will’) means a legal document issued to one or more people (‘the executors’) by the Probate Registry authorising them to deal with an estate. The Probate Registry can only grant probate after seeing legal proof that you are the executor (see below).
Once granted – known as the grant of representation – that document proves you are entitled to claim the assets of the deceased, not for yourself but in your capacity as personal representative. You must then administer the estate, following the will and dealing with the beneficiaries according to the law.
Executors and administrators
When someone dies, their estate is administered by an executor or administrator.
- An executor is the person responsible for administering an estate, and will have been named in the deceased’s will
- An administrator does the same job as an executor but is appointed because the deceased died intestate (without leaving a will) or failed to include the names of executors in his or her will.
When someone makes a will you should have been asked if he or she wanted you to be one of the executors. Hopefully, you will also have been informed as to the whereabouts of the will or at least be able to find it relatively easily.
On the death of that person, you, as executor, will become responsible for administering the estate and applying for probate.
Points to consider
If you're thinking of applying for probate yourself, these tips will help you get started
- Make an honest appraisal of your time limits and ability to take on a task that can be complex and very time consuming. You may decide to get legal help
- Visit the Probate Service for downloadable forms and help on how to apply for probate without a solicitor. Or call their helpline: 0845 302 0900
- Get organised and start collecting details of all assets and liabilities in the estate
- Set up a file for each organisation you will be contacting (ie banks, building societies or insurance companies)
- Keep on top of the paperwork at all times – even if things seem to be moving slowly
- You should always take advice from a solicitor if a problem arises that you feel you cannot deal with. If you pursue the DIY route you may be personally liable for any mistakes or oversights, or if things go wrong.
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For more advice on the ins and outs of applying for probate, see the Which? Essential Guide: Wills & Probate.