When a person dies somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money (‘in-gathering' the estate in Scotland), paying any debts and distributing the estate to those people entitled to it. The term probate (‘confirmation' in Scotland) means the issuing of a legal document to one or more people authorising them to do this.
The Probate Registry (Sheriff Clerk in Scotland) issues the document, which is called a grant of representation (‘confirmation of the estate' in Scotland'). There are three types:
Introduction
Grant of probate - issued to one or more of the executors named in the deceased's Will
Letters of administration (with Will) * - issued when there is a Will, but there is no executor named, or when the executors are unable to apply or do not wish to be involved in dealing with the estate
Letters of administration * - issued when the deceased had not made a Will, or the Will made is not valid
* In Scotland, if executors are not nominated or there is no Will, a petition is presented for appointment of an executor(s).
You will usually need to go through the legal process of probate if the value of the deceased's assets in sole name, after paying the funeral bill, is over £5,000. Some organisations will allow the value of the estate to be up to about £15,000 before insisting on probate.
As it is a time-consuming and can be a complex legal process, most people choose a professional to do it for them. Due to the possibility of fraud, we recommend that probate should start as soon as possible. For example, bank accounts can be accessed illegally and funds withdrawn before the accounts have been frozen.
Call us if you are unsure whether probate is needed and for help with what to do next.
Page Last Updated : 01/07/08