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Probate Law and Process

Probate is the term, typically given to the legal process that is followed after someone’s death.

To collect the Deceased person’s assets a legal document known as a Grant of Probate must be obtained by the Executors of a will. If no will exists, the Administrators of the estate (normally the closest blood relative) will apply to the Probate Registry for a legal document known as a Grant of Letters of Administration. .

The Probate Registry is the Court responsible for the administration and issuing of grants of probate.

Is probate always required ?

Whether probate is required ultimately depends upon the size of the Deceased's assets. If the Deceased held assets in his/her sole name exceeding £15,000 then probate will be required, as theGrant Probate gives the bank the authority to release the funds, probate will always be required when a Deceased held a property. Probate is however not always required, this may arise when the deceased held assets in a Joint name ( such as property ) or when the Deceased only had a small amount of cash. Typically, a bank or building society will release such assets on the production of either the original will, death certificate and a small estates form signing.

Do you need help or have a probate question ? Call our probate helpline on: 0844 7400948

National Probate Helpline tel: 01482 638400