Probate Explained

Probate- it's a term not many will be familiar with but it's one that could be incredibly important.

Basically, when someone dies their estate - their belongings, their legal property, their money - has to be dealt with. All their money has to be collected, then all their debts have to be paid off, then what's left has to be divided among those entitled to it. This isn't a process that happens by itself; someone has to be in charge of it.

"Probate" is the legal authority that the court grants to this person (or persons) so that they can do this. The Probate Service issues a document called a Grant of Representation, which can be used by said person as proof that they have the authority to administer the deceased's estate.

You may be asking who the Probate Service is, that they can grant this kind of authority.

Well, the Probate Service is part of the High Court; specifically, the Family Division of the High Court. The service can be found at either the Principal Registry in London (their headquarters),at 11 District Probate registries (located in the UK's major cities) or in 18 Sub-registries (located in smaller cities around England and Wales).

They issue three types of 'grants of representation' that appoint individuals as representatives known to the law, depending on the situation.

The first grant is, strictly speaking, the only one that is called a Probate Grant. This is given when the deceased person has left a valid will, naming a specificexecutor of their estate and that person is acting as the executor.

The second and third grants are called "Letters of Administration" and differ depending on whether or not there is a valid will. Both are used to appoint a knownrepresentative of the deceased'sestate - but the first type will see this person divide the estate according to the wishes expressed in a valid will, whilst the latter will see them divide the estate depending on their interpretation of the deceased's wishes.

Like any legal procedure or system, it's often an extremely good idea to get professional advice when it comes to probate. Whilst this article may have cleared a few things up, you should still talk to an expert. Now though, you'll hopefully understand what they're talking about...

by: probate

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