Applying for Probate

 

What is Probate?

Probate is a legal document that entitles the Executor or Administrator to make and receive payments from the estate and deal with the assets and property of the deceased. If the estate is small, or if it is held in joint names and passes automatically to the surviving owner (as is often the case with married couples, for example), you may not need to apply for probate.

However, you will need to get a grant of probate if there is a Will or a Grant of Letter of Administration if there is not, if you are unsure we can advise you. When you show the probate form to a bank, for example, they know they are dealing with the person who has the right to handle the estate, and they will allow you to withdraw money from the deceased’s account.

When you apply for probate, you are promising the Probate Court that you will deal with (‘administer’) the estate as set out in the will and according to the law. Probate makes sure that the executors carry out their task properly.

When there is no Will (or there are no executors named in the Will or the executors have died), the official form is called ‘letters of administration’.

Please contact us for assistance and a quotation of our costs.