Probate and Administering an Estate

Probate and Administering an Estate

Probate is the term used to deal with the legal process of dealing with a person’s estate after their death. 


If the deceased left a Will, the Executors appointed will be responsible for dealing with the estate.  If there is no Will, the people responsible for dealing with the estate are called Administrators. Executors and Administrators are often referred to as Personal Representatives.  Personal Representatives have the duty of collecting in the deceased’s assets, i.e. closing down bank accounts, selling or transferring shares, selling or transferring property and dealing with any legacies of money or personal items.  They are also required to settle any debts of the estate, including funeral expenses and administration expenses, out of the deceased’s funds.  Personal Representatives are also responsible for settling any tax issues, including Inheritance Tax, Income Tax and Capital Gains Tax.

In order to deal with assets in the estate, Personal Representatives will in most circumstances apply for a Grant of Representation.  This is a legal document issued by the High Court which authorises the Personal Representatives to collect in the assets.  If there is a Will, the Grant is called a Grant of Probate.  If there is no Will, the Grant is called a Grant of Letters of Administration.  Most institutions will require sight of the Grant before they will release monies and/or transfer assets. If the deceased owned a property or shares, a Grant will certainly be required.


Our Probate and Trusts Solicitors can guide you through this process by taking care of all the paperwork involved, which includes an Oath which the Personal Representatives are required to swear in the presence of a Solicitor/Commission for Oaths and an Inland Revenue account.

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