Thursday, 8 October 2009

What is probate ?

" probate " is the term used when applying for the right to deal with a deceased persons affairs.

It can also be referred to as " administering the estate " the term Probate is more commonly associated in relation to proving wills after someone has died.

When a valid will has been left

In these circumstances executors will have been named in the will to deal with the deceased persons affairs. The exucutors will apply for a " grant of probate " from the courts ( probate registry ) . The grant of probate is a legal document confirming that the executor has the authority to deal with the deceased persons assets. It can be used to show they have the right to access funds, sort out finances and collect and share out the deceased persons assets as defined in their will.

When a valid will has not been left.

When no will has been made, a close relative can apply to the probate registry to deal with the estate. The difference here is that what is issued is a " grant of letters of administration " they then become administrators of the estate. both are a legal document giving pretty much the same authority.

for more information on will writing visit www.mcwillwriters.co.uk