Do I need Probate?

A Grant of Probate is required in order to access assets that are held in sole name by the deceased. If assets are held jointly they pass via survivorship to the other person or persons they are held with. However, some assets that are held jointly still require probate, such as a property held as Tenants in Common.

The Grant of Probate, which is given to the executor of the estate, will need to be shown to all of the bodies you will have to deal with in administering the estate. This includes banks, insurance companies and other financial institutions. The Grant of Probate is used as proof that you are in fact the exectutor of the estate and entitled to use it.

How do I get a Grant of Probate?

In order to obtain Probate you need a valid Will left by the person who has passed away. If there is no will, then you will be dealing with an intestacy and require a letter of administration. A Grant of Probate and a letter of probate are reffered to as a grant of representation. It is then necessary to deal with the Inland Revenue as well as apply to the Probate registry to obtain the Grant of Probate.