Is a Grant of Probate always needed?
When someone passes away, any assets left behind are known as a person’s Estate....Back to News and Events
When someone passes away, any assets left behind are known as a person’s Estate. The Estate includes any money, personal possessions or property owned by the deceased.
If the deceased left a valid Will, this will usually specify who they would like to deal with their Estate. This person is known as an Executor and they have the responsibility for obtaining Probate if it is required and using it to deal with the deceased’s assets. If there is no Will, then the next of kin will be appointed and will be known as the Administrator.
The Executor or Administrator may be unable to deal with the deceased assets until they have obtained a Grant of Probate. This is an official legal document which gives permission for them to deal with the estate of the person who has passed away i.e. collect all the assets, pay all liabilities and debts of the estate and distribute the balance to the beneficiaries.
Whether a Grant of Probate is required or not depends on how the assets are held, which will either be in joint names, or in the deceased person’s sole name and the value of these assets.
A Grant of Probate will almost always be needed for the following assets;
You may not need a Grant of Probate if;
If you are unsure as to whether you need a Grant of Probate or not, or have any questions about what happens when someone passes away then please feel free to contact our expert solicitors in our Wills and Probate team on 01270 625478. Alternatively you can visit our wills and probate services page here or complete the form linked here and we will call you back.