I've made a Will, why do I need probate?
A common misconception made by many people is that if they make a Will, they wont need probate when they die. However, when we die, we leave behind an estate that needs to be administered either by our executors or personal representatives and often, in order to administer an estate, legal authority is required and this is obtained by a Grant of Probate or Letters of Administration.
So what's the difference?
Grant of Probate - this is when a person dies WITH a Will and they have appointed executors/trustees to administer their estate when they die. The duty of an executor/trustee is to make sure the estate of the deceased is wrapped up legally and in line with the Will they have in place.
Letters of Administration - this is when a person dies leaving NO Will. The laws of intestacy* will apply and although a person hasn't appointed executors through a Will, their family members will be responsible for applying for Letters of Administration to ensure the estate is wrapped up as per the laws of intestacy.
*there is a specific hierarchy of beneficiaries under the laws of intestacy so without a Will, a person's estate may go to family members that they did not want to include.
Does every estate need Probate?
No, not every estate needs Probate. If a person dies with a relatively small estate with no property, then there may be no need for probate upon death. Probate will most likely be needed if any of the following apply;
The deceased owned any property (i.e. a house or land)
They have over £30k in their account/s
They have premium bonds or shares
They have a Trust within their Will that requires setting up on death
We offer a friendly, simple service to executors, trustees and personal representatives who may need to obtain a Grant or Letters of Administration. We hold your hand throughout the entire process and make it as easy as possible for you.
Contact us for more information