What Is Probate?

Probate is a legal process that confirms who has the authority to deal with someone’s estate after they’ve died. The word itself comes from the Latin probare, meaning “to prove” which is exactly what happens.

A court reviews the Will to make sure it’s valid. If there isn’t a Will, the court decides who is legally entitled to act. That person, known as the personal representative, is then formally granted the right to handle everything the estate involves, from assets and property to outstanding debts.

In short, probate is the court’s way of confirming who’s in charge, so the estate can be managed properly and lawfully.

How does Probate work?

Probate works slightly differently depending on whether the deceased person left a Will or not. The process is different, but the end result is the same – the Executors (where there is a Will) or Administrators (where there is no Will) are given the authority to deal with the estate.

Whether or not the deceased person left a Will can have a substantial impact on completing Probate. Wills are used to appoint Executors, set out wishes in relation to funeral plans, guardians for children, and distribution of property.

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Probate Where There Is No Will

When someone dies without a valid Will, the law steps in to decide who has the right to deal with their estate. That person becomes the administrator.

There’s a set legal order for who can take on this role, starting with the closest next of kin. In practice, this tends to mean the spouse or civil partner first, then adult children, and then other immediate family members.

The administrator applies to the Probate Registry for a Grant of Letters of Administration. This document is the official green light that allows them to collect the estate’s assets, settle any outstanding debts, and distribute everything according to the legal rules.

In short, when there’s no Will, the law appoints who’s in charge – and the Grant of Letters of Administration gives them the authority to get the job done.

PROBATE WITH A WILL

If the deceased person left a Will, they will have named one or more people in the Will to act as their Executors. The Executors will need to apply to the Probate Registry for a Grant of Probate (unless the estate does not require a grant to be administered). The Grant of Probate is a legal document which will enable the Executors to deal with the assets and estate. They can use it to demonstrate that they have authority to collect the deceased person’s property, money and possessions and distribute them as set out in the Will.