A grant of probate is a legal document issued by the Probate Registry that gives the executor of a will the authority to deal with the deceased's estate. It confirms that the will is valid and that the executor has the legal right to collect the assets, pay the debts, and distribute the estate to the beneficiaries.
Not every estate requires a grant of probate. Where the estate consists only of jointly held assets that pass automatically to the survivor, or cash amounts below the thresholds that banks and financial institutions are willing to release without a grant, probate may not be needed. However, for most estates with significant assets held in the deceased's sole name, including property, investments, and bank accounts above threshold amounts, a grant of probate will be required before assets can be transferred or sold.
The executor applies for the grant through the Probate Registry by submitting the original will, the death certificate, the inheritance tax account, and the application form. Inheritance tax due on the estate must be paid before the grant is issued, though HMRC provides a mechanism for paying some tax from estate funds through banks before the grant is obtained. Once approved, the grant is issued and the executor can begin administering the estate.
A caveat is a document lodged at the Probate Registry that prevents a grant of probate from being issued. Any person who believes they have grounds to challenge the will or its validity can lodge a caveat. The caveat remains in place for six months and can be renewed. It is an important tool for those who need time to investigate a challenge before proceedings are issued.
Where there is no will, the estate is administered under the intestacy rules and the relevant authority is called letters of administration rather than a grant of probate. The process is similar but the person applying is an administrator rather than an executor, and the order of priority for who can apply is fixed by the intestacy rules.
A grant of probate gives executors the authority to administer an estate. It is needed for most estates with significant assets in the deceased's sole name. A caveat can be lodged to prevent a grant being issued while a challenge is considered. Where there is no will, letters of administration are obtained instead. A probate lawyer can advise on the process and whether a caveat or challenge is appropriate in your circumstances.
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