Grant of Probate is the legal right to deal with someone’s property, money and possessions (also known as their ‘Estate’) when they die.

It is important that you do not make any changes to the Estate, for example, moving money, paying beneficiaries or put any property on the market for sale until you have obtained Grant of Probate.

Who applies for Probate? The Will specifies the Executor(s) by name. It is their responsibility to apply for Grant of Probate and discharge other responsibilities in respect of the deceased’s estate.

How do you get Probate? Before making an application to the Court, you must check that it is needed and that you are eligible to apply. You also need to estimate and report the Estate’s value to HMRC and determine if there is any Inheritance Tax to pay.

There are extensive forms and supporting documentation needed to apply for Grant of Probate. Completing these can be a very time-consuming and onerous task. Enlisting the help of an experienced professional is highly recommended. The probate process usually takes a number of months.

Should someone pass away and their estate is to be passed to the surviving spouse/civil partner, it is important that Grant of Probate is obtained to ensure tax-free allowances (Nil Rate Band and Residence Nil Rate Band) are preserved or used effectively.

If an individual dies without leaving a Will, it is necessary to apply for Letters of Administration from the Court of Protection. This allows the applicant to deal with the estate and distribute it in accordance with the laws of intestacy.

NOTE: The process for Probate is different in Scotland and Northern Ireland.