What is Probate?
Probate is the legal process by which authority is granted to deal with a deceased person's estate. Without this authority, it is not lawful to administer the estate — including property, money, and possessions.
Where a will exists, the executor named in it applies for a Grant of Probate. Where there is no will, a close relative applies for Letters of Administration. In both cases, the grant is the document that enables the estate to be administered lawfully.
In practice, financial institutions will not release funds held solely in the deceased's name above their individual threshold without sight of the grant. These thresholds vary between institutions and are not fixed by law.
Probate is not always required, but where it is, no meaningful progress can be made on the estate until it is obtained. The process involves collecting assets, settling debts, and distributing what remains to beneficiaries — all of which must be handled in the correct order and with accuracy.
At MJV Solicitors, we guide executors and families through the probate process, ensuring each stage is handled correctly and the estate is administered properly.