If the deceased has a Will...
In this occasion, if one or more 'executors' are named in the will to deal with the estate upon death. The executor applies for a 'grant of probate' from a section of court known as the probate registry. The grant is a legal document which gives authorisation for the executors to deal with the deceased persons assets (Estate, money and possessions). They can use this to show they have authorisation to access funds, sort out finances, and collect and share out the deceased persons assets as they wish in their will.
If the deceased has no will...
If there is no will, a close relative of the deceased can apply to the probate registry to deal with the estate. In this case they can apply for a ‘grant of letters of administration’. If the grant is given, they are known as ‘administrators’ of the estate. Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets. In some cases, for example, where the person who benefits is a child, the law states that more than one person must act as the administrator.
There is a great deal of emotional stress after the death of a loved one, and dealing with the mountains of the paperwork associated with Probate, Tax and the Administration can be daunting.
For instant and free advice regarding any Probate query, please call the number on the right hand side of the page 9am - 5:00pm Monday - Friday.