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What Is Probate?

If you’re thinking of making a will and have been in touch with Stockport wills and probate specialists to help you make sure you do it right and legally, you’ll likely be wondering what probate is and what it has to do with will writing.

In essence, probate is simply the term that is used when people talk about making an application for the right to handle the affairs of the deceased, known as administering the estate. However, different terms are used depending on whether or not the person who has died left a will, as well as where they lived.

Should a will be in existence, there may be an executor (or more than one) who has been named in the will to take control in the event of said person’s death. This executor will then make an application for a grant of probate from the probate registry, which will confirm that the person named has the authority to handle the assets left behind.

However, if there is no will, a close family member can make an application to the probate registry in order to manage the estate. If a grant is given after they’ve applied, they then become known as administrators of the estate.

The representative of the deceased will not be granted probate until some or all of the inheritance tax is paid, if any is due. You can find out more about inheritance tax on the official government website which will help you work out what you need to do and when.

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