Probate

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Probate

On someone’s death, their estate is administered by an executor or administrator. Probate is a term commonly used when talking about applying for the right to deal with a deceased person’s affairs (called ‘administering the estate’). If you have been named as an Executor in a Will or if a close relative has died, dealing with their estate can be a daunting task.

As the personal representative you are responsible for the administration of the estate. This will include valuing all the assets at the date of death, making sure all the liabilities are paid and then distributing the estate to the beneficiaries in accordance with the Will or of they have died intestate, according to the intestacy rules.

We can assist by taking on the legal and administrative burden. It is often a time consuming, fraught and a very difficult and, in some cases, complex process which needs to be handled when grief is still very much present.

If the person who has died leaves a Will

In this case one or more ‘executors’ may be named in the Will to deal with the person’s affairs after their death.It is the executor’s responsibility to apply for a ‘grant of probate’ from the Probate Registry.

The grant is a legal document which confirms that the executor has the authority to deal with the deceased person’s assets (property, money and belongings). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person’s assets as set out in the will.

If the person who has died didn’t leave a Will

If there is no Will, a close relative of the deceased can apply to the probate registry to deal with the estate. In this case they apply for a ‘grant of letters of administration’. If the grant is given they are known as ‘administrators’ of the estate. Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.