Probate
Legal Advice

Probate is the legal right to deal with (eg sell, rent out, or transfer) the assets of somebody who has died (eg their money, property, and belongings). 

The probate process involves administering the person’s estate, including managing their assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.

For more information, read Probate and dealing with an estate.

The executor named in the Will typically applies for probate. If there is no Will, an administrator (eg a close relative of the deceased) can apply for Letters of Administration.

Both of these are legal documents that grant somebody the legal right to deal with an estate. 

A Grant of Probate is issued to executors specifically named in a Will, whereas Letters of Administration are issued when there is no Will or the Will provides no validly appointed executor.

The timeline can vary depending on the complexity of the case. On average, the probate process takes 6 to 12 months; however, more complicated cases may take longer.

Yes, an application for probate can be contested if, for example, someone believes that:

• the Will is invalid (eg due to fraud or undue influence)

• the distribution of assets is unfair or incorrect

Legal advice is essential in such cases.

An executor (or executrix) is someone who carries out the administrative duties and tasks required to make sure somebody’s assets and affairs are dealt with according to their Will when they die.

Executors are generally responsible for:

• collecting and valuing the estate’s assets

• paying debts, taxes, and expenses

• distributing the remaining assets to beneficiaries

While it’s possible to handle probate yourself, a solicitor can provide valuable assistance, especially for complex estates or disputes. Legal support ensures that the process is handled effectively and in line with the law.