Probate & Estate Administration Solicitors

By acting quickly we can ensure that the estate is protected and your legal obligations are complied with. It is important that expert advice is something you can get access to as soon as possible.

Waldrons’ Probate Solicitors are here to help.

Probate & Estate Administration

FAQs

What is a Personal Representative?

A personal representative is the collective term for the people who have the responsibility of administering the estate. If someone has died and has left a Will, the person with responsibility is known as an Executor and they have been appointed in the Will. If someone has died and has not left a Will, the person with responsibility is known as an Administrator and they will be one of the beneficiaries under the intestacy rules.

What is Grant of Representation?

This is the legal authority which gives the Personal Representative the right to deal with the administration of the estate. There are three main types of Grants of Probate:

Where a person dies without leaving a Will, it is known as a Grant of Letters of Administration
Where a person dies and has a Will, it is known as a Grant of Probate
Where a person dies and has a Will but the Executors are unable to act for whatever reason, it is known as a Grant of Letters of Administration with the Will Annexed.

Will I need a Grant of Probate to deal with probate?

Not necessarily. Not all estates will need a Grant of Probate. It depends on the assets in the estate. If there is a property which will change hands, then a Grant is always required. If there is no property, then the financial organisations will determine whether a Grant is required and it will depend on how much that organisation holds for the person who has passed away. If one organisation needs to see the Grant of Probate, then it is often the case that they will all need to see it then.

What happens if I cannot find the original Will but I have a copy?

In these circumstances, permission will need to obtained by the Probate Registry and a limited type of Grant is provided. If the original Will is then found, this will need to be produced to the Probate Registry.

How long does it take to deal with probate?

It does depend on the complexity of the estate. Where there is inheritance tax to pay, shares and property to sell and several beneficiaries who need to be traced, this will take significantly longer than an estate which has a Will, one beneficiary, no inheritance tax to pay and no property or shares to sell. An estate that has no will and several beneficiaries is always more time consuming.

In addition there are delays in obtaining the Grant of Probate from the Probate Registry which is currently 16 weeks from the date of submission, longer if the application is to be sent by post.