subject: A brief guide to Probate [print this page] A brief guide to Probate A brief guide to Probate
When a person dies, there is a lot to think about. There also has to be someone that has to deal with their affairs, also known as 'administering the estate.'
If the person who has died leaves a will, it will name the people they wanted to act as executors; their role is to administer the person's estate. It may be necessary for the will's executors to apply for a grant of probate, an official document which is needed to administer the estate. The grant can be obtained by the probate registry section of the court.
If the person dies, without leaving a will, which is known as dying intestate, the process becomes a little more complex. An application will need to be made for a grant of letters of administration will need to be made, the person to whom the letters of administration is granted will be known as the administrator.
They then will have the legal right to handle the affairs of the person who has died. Generally, the administrator will be a close relative of the deceased but if there is not one, there may be more than one person that has an equal right to carry out the role. If this is the case you should seek the advice of probate solicitors who will be able to inform you of the set order of priority.
Handling the affairs of a person that has died can take a long time and is likely to take even longer if things are not straightforward. A number of organisations are likely to be involved in the process including banks, building societies and insurance companies. Arguments between family members can also delay matters and it is worth noting that any disagreements must be sorted out before the deceased's affairs can be settled.
