When someone dies in England and Wales, you may need to go through a process called Probate. This will give you the legal authority to deal with the deceased person’s ‘Estate’, which is the collective term for everything he/she owned.

Not everyone will have to go through the Probate process when a loved one dies. It depends on whether they owned property, the total value of the deceased person’s Estate, and whether their assets were held in joint or sole names. We shall let you know whether you require a ‘Probate’.

Probate Process When There is a Will

If there is a Will, it will provide instruction as to who should apply for Probate and administer the Estate, and who the beneficiaries are.

Therefore, when someone dies, one of the priorities is to find out whether there’s a valid Will in place. If so it will name Executors. These are the people the deceased wanted to deal with their Estate, and unless they have already passed away or wish to ‘renounce’ their role, they will be responsible for Probate.

Applying to the Probate Registry for a Grant of Probate.

Probate Process When There is No Will

If there is no Will, one of the deceased’s relatives must apply for Probate. Usually this person will be the deceased’s next of kin. This person who applies for Probate is called the Administrator, rather than the Executor.

Applying to the Probate Registry for a Grant of Letters of Administration.

(This is almost the same as applying for a Grant of Probate when there is a Will)

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