Probate is the process of proving that a Will is valid and then the right to deal with a deceased person’s assets and estate.

The practical meaning of probate depends on whether or not you leave a Will. The process will be different, but the end result is the same – your Executors (where there is a Will) or your Administrators (where there is no Will) are given the authority to deal with your estate.

In your Will document, you will have named one or more people to act as your Executors. When you die, your Executors will need to apply to the Probate Registry for a Grant of Probate (unless your estate is very simple – see below). The Grant of Probate is a legal document which will enable your Executors to collect in any estate monies and then distribute those in accordance with your Will, to those beneficiaries named by you in your Will, and also deal with the payment of any debts, taxes and liabilities.

They can also use it to demonstrate that they have authority to collect your property, money and possessions and distribute them in accordance with your Will.

A grant of representation is typically needed where the contents of an account exceed £5,000, (tho this does vary from financial institution) to sell or transfer shares, or to sell or transfer a house.

But a grant of representation is not needed for everything. Some assets you own may not form part of your estate (for example, a house you own as Joint Tenants with someone else or assets held by Trustees). In these cases, a grant of representation will not be needed.

If you do not leave a Will or it is invalid for some reason, the law sets out in the Non-Contentious Probate Rules how probate works and who is entitled to administer your estate. The order of people who can do so is the same as the order of people entitled to inherit your estate where there is no Will.

There is a set order of next-of-kin beginning with:

Where there is no Will, the relevant person or persons (called Administrators) will need to apply to the Probate Registry for a grant of representation (usually a Grant of Letters of Administration). This, like a Grant of Probate, is a legal document which will enable your administrators to deal with your assets and distribute them to the people entitled to them under law. Until a grant of Letters of Administration has been obtained, your administrators do not have authority to deal with your estate (unlike an Executor whose authority comes from your Will and is confirmed by the grant of probate).

Once applied for, a grant of probate or letters of administration is usually issued about 4 to 6 weeks later. However, if there are complications (for instance if there is inheritance tax to pay or there is a mistake in the probate application form), it could take much longer.

This depends on how complex your estate is and also how much time your Executors or Administrators have to commit to the probate process. Once a Grant of Probate or letters of administration has been issued, the Executors or Administrators still have the possibly arduous task of collecting and distributing your assets. This can include claiming on life insurance policies, and selling properties, investments and other assets. If you owned multiple properties or shares, or have accounts of different types with various financial institutions, this process will obviously take a lot longer than if you just had a single bank account and a few other assets.

A probate application can be made by your Executors or Administrators or by a solicitor or probate practitioner on their behalf. They will always need to give you an estimate of time it will take to obtain the Grant or Letters of Administration and also keep you regularly informed as to the progress being made, and whether those estimates change, if so, why.