What is Probate?

Probate is the legal process whereby someone seeks to prove their entitlement to administer the estate of someone who has died.

This person (or people) this is given to is called the personal representative, and can either be the executor named in the Will or the next of kin.

Circumstances will dictate in which of the following ways personal representatives may be appointed:

  • Where there is a Will, a Grant of Probate will be issued to the executor(s)
  • If there is no Will or available executor, the Probate Service will provide Letters of Administration to an appropriate administrator

In each case, the personal representatives are legally responsible and liable for the administration of the estate.