What Is A Grant Of Probate & When Is It Required?

We are often contacted by bereaved persons shortly after their loved ones have passed away for advice on what happens next.

Firstly, it is important to ascertain whether the deceased had a Will and, if so, to identify who the executors of the Will are. It is the responsibility of the executors to find out:

What is a Grant of Probate?

A Grant of Probate is a document issued by the Probate Registry and enables the executors to deal with assets held in the deceased’s sole name.

If the deceased only owned joint assets then a Grant of Probate is not required to deal with those assets. This can be the case for a married couple where all assets are in joint names.

When is a Grant of Probate required?

A Grant of Probate is usually required in cases where the deceased owned property or had large amounts of liquid assets in their sole name. Each bank and financial institution set their own threshold as to how much money they are willing to release to executors without a Grant of Probate and therefore this can vary substantially from institution to institution.

As such, the executors should notify the institutions in which the deceased held assets of the death and find out what that institution requires from them to encash the asset.

Grant of Probate applications

When applying for a Grant of Probate, it is important to highlight any variation of names in which the deceased owned assets to prevent any issues arising when the executors try and deal with those assets.

For example, if the deceased owned their house in the name of Jim Smith but his Will was in the name of James Smith then this will need addressing in the application.

This can seem quite a daunting process for many people at a difficult and emotional time.

At Nelsons, we can help ease the burden by applying for the Grant of Probate for the executors or even dealing with the whole estate administration.