Probate essentially refers to a deceased individuals estate and how it is going to be effectively dealt with. Sometimes this issue can become very problematic depending on how much of an estate there is, and how many beneficiaries there are that the estate needs to be distributed to. There are different aspects to this, as well as different terms used to describe those different aspects, so the whole process can be quite confusing at times.
Probate essentially refers to a deceased individuals estate and how it is going to be effectively dealt with. Sometimes this issue can become very problematic depending on how much of an estate there is, and how many beneficiaries there are that the estate needs to be distributed to. There are different aspects to this, as well as different terms used to describe those different aspects, so the whole process can be quite confusing at times.
One of the more common questions regarding probate refers to the grant of probate and when exactly it is needed or not needed. The quickest way to sum it up is if the deceased left less than 5,000 pounds and/or was married, then a grant of probate will not be needed. If it is needed however, you can obtain a solicitor to apply for a grant for you so you can get the process started. They are well versed in probate law, which can be very intimidating to the average person, so this may be the best route to take here. You can search for a reputable solicitor on The Law Society website or another reputable site which helps you find a solicitor searching online is the best resource you can find for this.
In order to do this though, you must be named as the executor of the will. This is essentially the person that the deceased named as the one to take care of all the legalities that needed to be taken care of. If however the deceased did not leave a will, then a close relative can apply to become the administrator of the will. You may need to look into the probate law to see what the legal definition is of “close relative”.
If there is a child involved here as well, there will need to be more than one administrator involved in the entire process. This is a legal requirement that was put into place to make sure that the best interests of the child are properly represented. The information contained here is currently pertinent in England and Wales. If the deceased in question resided in Scotland, then you will want to find out what the differences in probate law are between these countries. They may not be major, but they very well could make a difference.
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