When a person dies somebody has to deal with their estate (money property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. Probate is the court’s authority; given to a person or persons to administer a deceased person’s estate and the document issued by the Probate Service is called a Grant of Representation. This document is usually required by the asset holders as proof to show the correct person or persons have the Probate Service’s authority to administer a deceased person’s estate.

Who obtains probate?

When you make a will you can name the people you want to deal with your affairs when you die. Many people name solicitors to act jointly with immediate members of their family. The people you appoint are called

"executors".

If you don't leave a will, the law sets out who can apply to the Probate Registry. This is normally in line with your "next of kin". So if

you are married, it will be your spouse. If you are not married, it will be your parents, or, if they aren't alive, your brothers and sisters. In this situation, these people are called "administrators".

 

How long does it take?

The process can take time, depending on the assets involved. But you should normally be able to apply for a grant of probate within three months of the date of death.

 

Can I do it myself?

There is no legal reason why you cannot do this yourself. However, there are a number of reasons why you might want to ask a solicitor to do the work for you:

• You will be coping with the grief and upset of having recently lost a loved one
• You are probably unfamiliar with the work involved, such as filling in the forms to obtain a grant
• You might not want to get involved in possible family disputes over a will
• If you make a mistake, you will have to pay out of your own pocket to put matters right. Solicitors are used to this work and, in the unlikely event they do make a mistake, they are insured.
• You may not be able to do all of the work to obtain the grant and administer the estate in a timeframe acceptable to the beneficiaries.
• A solicitor will be able to give you professional help and guidance.