The Will & Obtaining Probate

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The Will & Obtaining Probate

The Will & obtaining Probate

If the person made a Will someone will be named as the person to manage the estate (the executor). The Will may contain the person’s preference for their funeral & information about any pre-paid funeral plan. 
If there is no Will, but there is a bank account or property then it is necessary to apply for letters of administration. 
If there are no financial assets or property there is nothing to be done.

How to obtain Probate

What is probate?


When someone dies somebody has to deal with their estate (the money, property and possessions left) by collecting all the money, paying any debts and distributing the estate to those entitled. 
The probate Registry issues the document, which is called a Grant of Representation. 


There are three types of grant: -

  • Probate issued to one or more of the executors named in the Will
  • Letters of Administration (with Will) issued when there is a Will, but no executor named or unable to deal with the estate
  • Letters of Administration issued when the deceased has not made a Will or it is not valid

Why is Grant necessary?

Organisations holding money in the deceased’s name need to know to who the money is to be paid. The distribution of the estate is the responsibility of the person named on the deed. 
A grant is sometime not needed if the deceased’s money will be released without the holder seeing a grant & when the amount held is small and there are no complications.

Consult a Solicitor

In most circumstances, it is advisable for you to consult a Solicitor, to relieve you of worry and to take control of Wills, problems of intestacy, outstanding debts, grants and letters of administration. A solicitor could save you a great deal of unnecessary trouble and eventually save you money. If the Solicitor has been consulted in the recent past it is important that you contact them without delay.