Probate is the process referred to when somebody dies in dealing with the administration of their estate.

If a person dies and leaves a will and the estate is worth more than £5,000, including any property, then a Grant of Probate will usually have to be obtained from the Probate Registry. The Executors named in the Will will be the people who apply for the Grant of Probate.

If someone dies without leaving a will it is necessary to ascertain who the next of kin is. This can be more than one person, for example, if that person had three children all three of them would be next of kin. Again, if the estate is worth more than the £5,000 a document will usually be applied for from the Probate Registry called Letters of Administration, this is the document equivalent to the Grant of Probate. The next of kin are the people entitled to apply for this document.

The Grant of Probate and Letters of Administration are collectively referred to as the Grant of Representation and they give whoever named on it, either the Executors or the next of kin, known as the Personal Representatives, the authority to deal with the deceased's assets, such as closing bank accounts, selling or transferring shares, selling or transferring a property etc.

Once the assets have been collected in and the debts of the estate settled, the estate will then be distributed by the Personal Representatives to whoever is entitled. In the case of a will, it will be the people named in the will.

In the case of someone who dies without leaving a will (known as an Intestate Estate) it is to be established who is entitled, taking into account the statutory legacy.

There is an order in which people inherit the estate, firstly if someone dies leaving a widow or widower or surviving civil partner they are entitled to the first £250,000 of the estate if the deceased had children, or the first £450,000 of the estate if the deceased did not have children.

If there is no spouse, the children inherit, if a child has died leaving grandchildren they would inherit. If there are no children or grandchildren it would be the parents of the deceased who inherit, if no parents then it is the brothers and sisters of the whole blood, which means that both parents are the same, or their issue.

If there are no brothers or sisters of the whole blood, but there are half-brothers and sisters then they, or their children, would inherit.

If there are no surviving relatives the Estate will go to the Crown.

People who are cohabiting or friends do not feature on the list of beneficiaries if you die without leaving a will. The people who you would wish to inherit may not be those who do.

We offer a complete service helping your family and loved ones through this process at what can be a very difficult time. For information and help please contact our Probate Manager Rachel Cameron  ( 01228 888 974

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