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When a person dies, before a Will can be executed, somebody has to deal with their estate (possessions left, monies, property), by collecting in all monies, paying any debts and distributing the estate to those who are entitled to it. That person, normally the named executor in the Will, has to obtain probate, a legal document authorising them to do this. The probate registry issues the document, which is called a grant of representation. If there is a will, but no executors has been named or the executors are unable to apply, or do not wish to be involved with the will then a Letter of Administration (with Will) must be obtained. A Letter of Administration is issued when there has been no will made by the deceased. Throughout this site the term grant will be used to mean whichever type of Grant of Representation you may need.
Below are forms and guidance notes made available to you to guide you through the process of probate. This information refers only to the law in England and Wales. If the deceased was permanently resident outside England and Wales another system of law may apply – this will be explained when we receive your application. If you need to apply for a Grant of Representation in Scotland or Northern Ireland, you should contact the court in the appropriate country.
For more information see The Court Service |
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