Beginners Guide to Probate

Probate is the term used that refers to the process of managing the assets, money and final wishes of a person following their death. In effect, probate serves to validate the contents of a will through gaining the authority to deal with the deceased's estate.

The following article explains probate more thoroughly be detailing who can carry out probate, how long probate takes and the legal requirements associated with this process.

Who can carry out probate?

If a will was left by the deceased, they may have named an executor or executors who will be the people who are responsible for fulfilling the contents of the will. If an executor is not named or if the person died without making a will, there will be a requirement to arrange an administrator of the estate. The administrator should be a blood relative of the deceased or someone who will benefit from the will.

A large percentage of the population do not make a will, and as such, it will be necessary for this to be confirmed following a person's death. The family should check the paperwork of the deceased to search for a will and also check whether the individual's bank or solicitor holds a copy. Alternatively, a copy may have been left with the Principal Registry of the Family Division. A named executor who can provide proof of death can apply for a copy of the will from the registry. It is possible for a non-executor to apply for a copy of the will but only if they have the permission of a District Judge.

Whether a will was made or not will have an impact on what type of Grant of Representation will be needed for the probate process to continue.

The Grant of Representation

In order to execute a will, a Grant of Probate or Letters of Administration will usually be required. The Grant of Representation refers to the grant that you must obtain to carry out probate. The kind of grant that will be needed in order for probate to be carried out will depend on individual circumstances as detailed below:

• Named executors in the will - Grant of Probate
• Administrator where there is no will – Letters of Administration
• Administrator where there is a will – Letters of Administration (with Will)

The Grant of Representation allows the executor or administrator to access the assets of the deceased including their bank or building society accounts.

Executors or administrators can obtain the Grant of Probate or Letters of Administration through their local Probate Registry. They will be required to complete and return the Probate Application form PA1. This process usually takes between 3 and 5 weeks.

How long does the probate process take?

An average timescale for the completion of probate is between six to nine months, with an expected workload of up to eighty hours. The amount of time that it takes to complete probate will depend on how simple or complex the estate affairs are. Complicated assets and disputes regarding ownership can cause lengthy delays to the completion time.

Another impacting factor will be the amount of time that it takes for executors and administrators to complete their duties. These roles will more than likely be undertaken alongside normal work and personal activities, and if individuals are not able to take leave from work to deal with probate, the process is likely to take much longer.