When a person dies someone 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 debts and distributing the estate to those people entitled. The term probate (‘confirmation' in Scotland) means the issuing of a legal document to one or more people authorising them to do this.
The legal process is designed to ensure that intsructions that have been given in a Will are complied with and when there is no Will, that the estate is distributed to the people entitled in law. The process also ensures that anyone owed money by the person who died is reimbursed from the estate and that any tax that may be due is paid.
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:
- 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
You may need to go through the legal process of probate if the value of the deceased's assets in their sole name is over £5,000 although some organisations have discretionary thresholds.
Probate can be time-consuming and sometimes complex and is a formal legal process , so most people choose to use a professional. Due to the possibility of fraud, we recommend that probate should start as soon as possible.
- How to deal with probate
- What is involved in probate
- Probate in Northern Ireland
- Probate on the Isle of Man
- Confirmation in Scotland
Call us if you are unsure whether probate is needed and for help with what to do next on 0800 634 0101