What is probate?

Introduction

Probate is the legal process of administering a person’s estate after they have passed away. In the United Kingdom, probate is overseen by the Probate Registry, which is a division of the courts system. The purpose of probate is to ensure that the deceased person’s assets are distributed according to their will or, if they did not leave a will, according to the laws of intestacy. In this article, we will explore what probate is, the steps involved in the process, and the role of the executors and the Probate Registry.

The Role of Executors

When a person passes away, they may leave behind a will that specifies who they want to handle their estate and distribute their assets. These individuals are known as executors. If the deceased person did not leave a will, the court will appoint an administrator to handle the estate. The role of the executors or administrator is to gather and value the assets of the deceased person, pay off any debts or taxes, and distribute the remaining assets to the beneficiaries.

Obtaining a Grant of Probate

The first step in the probate process is to apply for a grant of probate, which is a legal document issued by the Probate Registry that confirms the validity of the will and gives the executors the authority to distribute the assets. To obtain a grant of probate, the executors must submit an application to the Probate Registry, which includes the original will, a death certificate, and an inventory of the assets and liabilities of the deceased person. The executors must also pay a fee to the Probate Registry when submitting the application. The Probate Registry will review the application and conduct a thorough investigation to ensure that the will is valid and that the executors have the legal authority to distribute the assets. If the Probate Registry is satisfied with the application, it will issue a grant of probate to the executors.

Administering the Estate

Once a grant of probate is issued, the executors can begin the process of administering the estate. This may involve selling assets, transferring ownership, or distributing money to beneficiaries. The executors are also responsible for paying any debts or taxes that the deceased person owed at the time of their death. This includes paying off any mortgages, credit card debts, or taxes owed to the government.

The Role of the Probate Registry

The Probate Registry plays a vital role in the probate process by ensuring that the will is valid, the executors have the legal authority to distribute the assets, and that the assets are distributed according to the terms of the will or the laws of intestacy. The Probate Registry also maintains records of all probate applications and grants of probate, which are public records that can be accessed by anyone. In addition to issuing grants of probate, the Probate Registry also handles disputes that may arise during the probate process, such as disputes over the validity of the will or the distribution of assets. The Probate Registry also provides guidance and assistance to executors and administrators throughout the probate process.

Conclusion

Probate is the legal process of administering a person’s estate after they have passed away. The purpose of probate is to ensure that the deceased person’s assets are distributed according to their will or, if they did not leave a will, according to the laws of intestacy. The executors or administrator are responsible for gathering and valuing the assets of the deceased.