PROBATE

Probate means that where there is a will executors’ powers are confirmed by the court by the issue of a grant of probate. In the event of there being no will it is known as administration. The administrators gain their powers, which are confirmed by a grant of probate or of administration, given by the court.

The actual grant of probate is a document, produced by the court naming the deceased, the date of death and the executors. An official copy is issued and office copies which are impressed with the court seal are used by the executors to prove their powers and are used to collect in the assets and transfer property.

These documents are public documents and, like a will once it has been proved, copies can be obtained from the Probate Registry. The original has a copy of the will bound within it.

Small estates

If the estate is very small, say under £5,000, probate may not be needed.

Applying for probate

Where there is a will the executors apply for probate, but in the event of intestacy someone can become the administrator. There is an order of priority of who can be an administrator. It is similar to the rules of intestacy, as follows.

• surviving spouse;
• child of the deceased;
• parent of the deceased;
• brother or sister of the deceased;
• another relative of the deceased.

Applications for probate can be made through any probate registry or office. It can be made personally without the use of a lawyer.