What is probate?

Probate – definition

Probate is the legal process or right to manage a deceased person’s money, property, or possessions – otherwise known as their “estate”.

It’s a simple term, but there’s a few things to understand beyond this definition.

Who applies for probate?

The person responsible for applying for probate after someone has died is the executor named in their will. The executor of their will has legal responsibility to deal with their estate. Applying for probate will confirm this legal authority to manage the estate.

Sometimes, people die without having a will in place. This makes them, in legal terms, an ‘intestate person’. If this is the case, their closest living relative can apply for the right to manage their estate. This is known as Letters of Administration, and it gives the person similar rights to a Grant of Probate.

When is probate necessary?

Probate isn’t required in all cases, but it may be necessary for the executor of a will to take control of an estate, to assign funds to beneficiaries, and to pay any owed tax. The best way to find out whether you need probate to access the deceased person’s financial information is to check with financial institutions they used, for example:

• Banks
• Building societies
• Credit card providers
• Insurance companies

If a deceased person’s assets were jointly owned, then the surviving owner probably won’t require probate. In most cases, a death certificate should suffice.

The difference between will executor and administrator

While they serve similar roles, an executor of a will and an administrator have some differences. An executor is someone named in a will, whereas an administrator is used if the person who has died:

• Hasn’t left a will
• Or left a will that’s invalid

As an administrator, you should be able to carry out most of the estate’s legal and financial duties, such as:

• Paying any bills
• Paying any tax
• Making court appearances

However, when it comes to distributing the estate, the difference between executor and administrator is more apparent:

• An executor distributes the estate in line with how the person has instructed in the will
• An administrator distributes the estate in line with legislation called the rules of intestacy

The rules of who inherits what under the rules of intestacy can be complicated, unless you were married to or in a civil partnership with the person who has died.

Do I need to apply for probate?

Yes, if you are a named executor on the will of the deceased, you might need to apply for a Grant of Probate. However, there are some instances where it might not be required.

For example, if there are any surviving joint owners of property, shares or savings, they will automatically inherit. Additionally, if the deceased person only held savings or premium bonds, you won’t need to apply for probate.

You can apply for probate at GOV.UK.

How to apply for probate

To apply for probate, follow this step-by-step guide:

1. Determine if there’s a will.
a. If there’s no will, you need to apply for a grant of Letters of Administration.

2. Decide if you want to apply for probate or request a professional to do it for you.
a. If you don’t want to apply for probate, you can complete a Deed of Renunciation to give up your right as an executor.

3. Figure out if you’re an executor or apply to be an administrator of the estate.

4. Obtain the death certificate from the coroner.

5. Report the value of the deceased person’s estate to HMRC.

6. Pay any outstanding tax owed on the estate.

7. Apply for probate at GOV.UK or on paper forms via the post.
a. Pay any probate fees due.

8. Receive your Grant of Probate (or Letters of Administration).

9. Finally, send copies of these documents to the deceased’s asset holders where required.

Please note: Each situation is unique, and you may wish to seek your own professional legal and financial advice to make sure your estate is managed in accordance with your wishes in the event of your death.