What Is Probate?

What Is Probate?

If you’re suddenly needing to deal with probate, it can be a little daunting if you don’t know what it entails. To clarify what probate is and how long it takes, we’ve created this short and simple guide. 
For further support, you can always get in touch with our dedicated probate solicitors. We’re based in Exmouth, Exeter, Sidmouth, Seaton, Honiton, and Taunton— so feel free to contact the office most convenient for you.

When a person dies, someone will be legally allowed to deal with their estate (such as their money, property, and possessions). Probate is the court order confirming the last will of the deceased. It confirms who has the authority to deal with the estate. If you have the Grant of Probate, no one else has an entitlement to administer the estate. It means you cannot make any financial plans, distribute inheritance, or sell their property until you have probate.

In order to obtain a Grant of Probate, you need to apply for it. Before you do this, you should check that it is necessary and that you’re eligible to apply. Not everyone can apply for probate for a particular individual. Only certain people will be considered. How do you know whether you can apply for probate? It all comes down to the will. If there is a will, then named executors can apply. If there’s not a will, then the closest living relative can apply.

Applying for probate

You can apply for probate through the UK government site or contact a legal specialist to help you through the process. Though you will need to pay for a probate solicitor’s services, it can save you a significant amount of time and stress. Applying for probate can get complex. For example, when the deceased dies without a will or there are doubts over the validity of the will. The estate could also have complex arrangements, be bankrupt, or include foreign property or assets.

An experienced probate solicitor will be able to guide you through the process, offer expert advice, and help you obtain a Grant of Probate with minimal hassle.

If you have been approved for probate, you’ll either receive a ‘Grant of Probate’ (if the person left a will), ‘letters of administration’ (if they did not leave a will), or ‘letters of administration with will annexed’ (if the executor cannot apply or the will does not name an executor). 

Help with probate: contact Everys solicitors

In this guide, we’ve outlined probate as simply as possible. However, the practical task of probate can sometimes be much more complicated. If you’re looking for someone to help you through the probate process, our wills and probate lawyers are on hand. If you’re about to apply for probate, get in touch. We’ll guide you through the process.

Contact us to chat with one of our friendly, experienced probate solicitors in Exmouth, Exeter, Sidmouth, Seaton, Honiton, or Taunton.