What is Probate?

The Grant of Representation is commonly referred to as a ‘Grant of Probate’, this confirms that the Personal Representatives are entitled to deal with the deceased’s estate.

Where someone has died leaving a Will it will generally be a Grant of Probate that is applied for by the Executors appointed in the Will to give them the authority to deal with the assets in the estate.

Where someone has died without leaving a Will, an application will need to be made for the Grant of Letters of Administration, by the person(s) entitled to act as the Administrators of the estate. The Intestacy Rules set out who is entitled to act as an Administrator where there is no Will and who will benefit from the estate.

Where Does The Authority For Executors and Administrators Come From?

The authority of an Executor comes from the Will which means that there are often matters that they can deal with before the Grant of Probate has been obtained.

However, the authority of an Administrator comes from the Grant of Letters of Administration, so there are very limited steps that may be taken before this has been obtained.

If an Administrator or Executor starts to ‘intermeddle’ in the deceased’s estate before they have obtained the Grant of Representation, then it may be too late for them to decide that they don’t want to complete the administration at a later date, as they’ve already involved themselves.

How Do We Obtain A Grant Of Representation?

The Grant of Representation is obtained by making an application to the District Probate Registry.

Whilst it is possible to make an application as a lay applicant, most people instruct a solicitor to make the application on their behalf, and to provide them with the appropriate legal advice as it can be a complex process – particularly if there is tax to pay.

The application needs to be submitted along with a court fee (regardless of whether the application is being made by a lay person or a professional).

If the estate is liable to inheritance tax, then the tax must be paid before the Grant can be applied for.

What Happens After The Grant has been obtained?

When the Grant of Representation has been issued, you can then start to deal with the assets i.e. closing bank accounts and selling property.

When the assets have been dealt with, and all the estate liabilities paid, the estate can then be distributed in accordance with the Will or the Rules of Intestacy.

How Long Will It Take?

It is always difficult to give an estimate on how long it will take to administer an estate because it very much depends on what assets are involved and how long the District Probate Registry is taking to process applications for the Grant of Representation. With expert advice, the administration can often be completed within twelve months of the death, but it does sometimes take longer in more complex cases.

How We Can Help

For further information regarding the above or if you would like to discuss a Wills & Probate related query with one of the team, please call us on 0800 011 6666 or e-mail the team at legal@timms-law.com.