What is Probate and Do I Need It?

Probate is the legal authority to dispose of money, possessions, property and debts (the estate) on behalf of a person who has died.

Providing there is a will, an executor must apply for a Grant of Representation from a probate registry (there is one in Winchester). In the absence of a will, an administrator – possibly a family member or friend – can apply.

To do this, you need the original copy of the will, the death certificate and details of the deceased’s property and debts. Find building society passbooks, share certificates and details of bank accounts, etc. An inheritance tax form must then be filled in. Once all that is in place, fill out a probate application form.

Probate is not necessarily needed if the whole estate passes automatically to the surviving spouse or civil partner because everything was held in joint names.

People granted probate should protect themselves from personal liability by placing death notices in local newspapers and in the London Gazette, a weekly government publication that contains various legal notices. They should also maintain accurate records from the start.

For advice about how to make your will easier to administer or on the legal process of probate, contact Heritage Will Writing on 02380 879243.