After a person has passed away, probate is the legal procedure to confirm the validity of their will and grant their chosen representatives the authority to manage their assets and estate.
What is the process for probate?
The process varies based on whether the deceased had a Will. However, the outcome remains consistent – the executors (in cases with a Will) or administrators (in cases without a Will) are granted the power to manage the estate. The presence of a Will can significantly affect the probate process, as it designates executors and outlines preferences for funerals, guardianship of children, and property distribution.
What happens without a valid Will ?
When someone passes away and has a Will, they would have chosen individuals to carry out their wishes as stated in the Will. These chosen individuals must request a Grant of Probate from the Probate Registry, unless it’s not needed for managing the estate. The Grant of Probate is a legal paper that gives the chosen individuals the authority to handle and distribute the deceased person’s belongings according to the Will.
In cases where there is no will, the probate process is governed by the law to determine who has the right to manage the deceased person’s estate. This responsibility falls in a specific order, starting with the deceased person’s spouse or civil partner, followed by their adult children or grandchildren if their parent has passed away, then parents, siblings, and other family members. These individuals, known as administrators, can request a Grant of Representation from the Probate Registry to handle the deceased person’s assets and allocate them according to legal entitlement.
For more information on probate visit https://nenelegal.co.uk/
