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Following the death of a loved one, a family suddenly has to change gears and organise a number of things quite quickly. Apart from the funeral, there are also several legal duties that a family needs to handle. Probate is one of the major tasks and this process can be both expensive and time-consuming. The first thing an executor needs to do is apply for a grant of probate. This guide explains what a grant of probate is, whether or not you need one, and what to do after you have received it.
A grant of probate confirms the authority of the executor to administer the estate of someone who has died. This largely includes tidying up the affairs of the deceased and distributing their assets to the beneficiaries named in the will.
Within the UK, in the majority of cases the executor will need to obtain a grant of probate if they are wanting to act as the executor. If the estate is worth less than £10,000, or if the deceased only have joint assets so that the ownership transferred on their death, a grant of probate might not be required. It is an arduous process, but the executor can write to each institution where the deceased has assets and ask whether or not they need a grant of probate. These institutions include banks, phone companies, and energy suppliers.
If you are required to have a grant of probate, you will need to submit an application for probate. If the person has died without a will, this is called dying intestate. In this situation, the process is called applying for letters of administration.
If you want to find out the responsibilities and duties of an executor, read our guide here.
If you're navigating this process and need a helping hand you can find out how we can support here or call our probate team today on 020 4525 7580 for free help.
