Solicitor Jack Dray looks at who can apply for a Grant of Probate.
What is a Grant of Probate?
A Grant of Probate is a legal document that authorises one or more people to administer the estate of someone who has passed away. It is usually necessary to obtain a Grant of Probate when someone leaves behind valuable assets such as property, money, or other belongings that need to be distributed according to the wishes expressed in the deceased’s Will. Probate serves as proof that the person (or people) dealing with the estate has the legal authority to handle the deceased’s affairs, including settling debts, paying taxes, and distributing assets to beneficiaries.
Without a Grant of Probate, financial institutions, government bodies, and other organisations are generally unwilling to release the deceased’s assets. A Grant of Probate is also essential for transferring the deceased’s property.
Who Can Apply for a Grant of Probate?
Typically, the person or persons named as executors in the deceased’s Will apply for the Grant of Probate. The Will usually specifies one or more individuals as executors, who are responsible for administering the estate. If the deceased named more than one executor, they can apply together (known as applying jointly), or an executor can apply for probate in their sole name, providing they have given notice to any other executors. The executors under the Will may also decide to appoint someone to apply for probate on their behalf, such as a solicitor.
If the circumstances arise that the only executor named in a Will is suffering from a mental health impairment that makes them unsuitable to fulfil the role, then either the executor’s court appointed deputy or someone with power of attorney for the executor can apply.
What if an Executor is Unwilling to Act?
If someone is unable or unwilling to act as an executor, then they can renounce their role, and the other named executors can proceed by themselves. If there is no other executor named, any of the beneficiaries of the estate can apply for probate. Alternatively, the beneficiaries may agree on someone to apply for the grant on their behalf.
If a person dies without a Will (known as dying intestate), there is no executor to apply for probate. In such cases, the most ‘entitled’ person (the closest relative of the deceased) can apply for a Grant of Letters of Administration, which serves a similar purpose as a Grant of Probate. The person who obtains this grant is known as the ‘administrator’ of the estate and has the same responsibilities as an executor.
The Probate Process
The process of obtaining a Grant of Probate involves several steps. The executor must first locate the original Will and any Codicils (amendments to the Will). They must then apply to the Probate Registry, submitting the original Will, and the death certificate, along with an application form. There is usually a fee involved, which varies depending on the value of the estate.
Once the application is submitted, the Probate Registry will review the documents to ensure everything is in order. If there are no issues, the Grant of Probate is issued, giving the executor the legal authority to deal with the estate
How we can help
We can help executors and administrators apply for a grant. We also have a team of lawyers who deal exclusively with probate disputes. We operate a free helpline which you can contact by calling 0333 888 0404 or you can send an email to us at [email protected].
