In England and Wales, 'probate' is the word used to describe the legal process of dealing with someone’s estate (including their property, finances, and possessions) after they’ve passed away. It’s first about confirming that their Will is valid and proving who has the authority to administer their estate, which later includes identifying assets, paying any outstanding debts or taxes, and then distributing what’s left to the beneficiaries.
If there’s a valid Will in place, probate is usually fairly straightforward – the named executor applies for a Grant of Probate, which gives them the legal authority to manage the estate.
If there isn’t a valid Will, things can be a bit more complicated. The estate will need to be dealt with under the rules of intestacy, and Letters of Administration will need to be applied for. These set out who can inherit and who can take on the role of administrator.
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