WHAT IS A GRANT OF PROBATE?


Adrian01Hello, My name is Adrian Chambers and I’m a solicitor with Law for Life. Welcome to our web pages relating to Estate Administration. If you have suffered the loss of a loved one and need help in administering their estate and in obtaining Probate then we can help.

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WHAT IS A GRANT OF PROBATE?


PROBATE The phrase “Probate” is a general term that is often used to describe obtaining a “Grant of Representation”.

Grants of Representation are generally referred to as either Grants of Probate if there is a will or Grants of Letters of Administration if there is no will. Throughout this web page the term Grant of Probate will be used to mean whichever type of grant of representation you may need.

If the value of the estate exceeds £5,000, then it may be necessary to obtain a Grant of Probate from the court. The Grant of Probate is the legal authority given by the court to enable the deceased’s estate to be distributed accordingly.

What are the three main types of Grant of Representation :-

– Grant of Probate

– Grant of Letters of Administration

– Grant of Letters of Administration with Will

GRANT OF PROBATE If the deceased leaves a will, which appoints executors, then they need to apply to the Probate Court for a Grant of Probate to be issued to them. This will give them the official authority needed to administer the estate.

GRANT OF LETTERS OF ADMINISTRATION If the deceased did not leave a will then someone, usually the deceased’s next of kin, will have to apply to the Probate Court for a Grant of Letters of Administration. This will give them official authority to administer the deceased’s Estate.

GRANT OF LETTERS OF ADMINISTRATION (WITH WILL) This is issued when there is a will, but there is no executor named in the will, or when the executors named in the will are unable to apply, or do not wish to be involved in dealing with the estate.