What is Probate

What is probate?

When a person dies someone has to deal with their estate (any property or possessions or monies they have left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it, and it is important to sort out the affairs of their estate as quickly as possible.

Probate is the court’s authority; given to a person or persons to administer a deceased person’s estate and the document issued by the Probate Service is called a Grant of Representation. This document is usually required by the asset holders as proof to show the correct person or persons have the Probate Service’s authority to administer a deceased person’s estate.

If the deceased person has left a Will, they will almost certainly have named an executor; that is someone who they intended to take responsibility for the estate. If you are an executor, there are several steps that you need to take in order for this to be possible. Sometimes administering an estate can be extremely complex and time consuming and, of course, it all happens at a time of distress. Most estates have to go through probate, whether you leave a Will or not. It ensures the deceased estate passes to the right people and all tax due on death, is identified and collected.

Sometimes, the person nominated as executor knows little or nothing about the process of administering a Will and the many other tasks that need to be carried out. If you are acting as an executor in a Will, professional advice is essential.