When a person dies, managing their estate can be a complex and emotional process. One of the initial steps involves applying for probate, which grants the legal right to deal with the deceased’s property, money, and possessions. This guide aims to clarify who is eligible to apply for probate in the UK, ensuring you navigate this challenging time with clarity and confidence.
What Is Probate?
Before we discuss who can apply for probate, it’s crucial to understand what probate is. Probate is a legal process that involves proving a last will and testament in a court of law and declaring it valid. If the deceased didn’t leave a will, the process is known as ‘applying for letters of administration‘.
Who Can Apply?
The eligibility to apply for probate primarily depends on whether the deceased left a will.
If There’s a Will
- Executors: The individuals named in the will as executors are the first in line to apply for probate. It’s their responsibility to administer the estate in accordance with the deceased’s wishes.
If There’s No Will
- Next of Kin: In the absence of a will, the estate is distributed according to the rules of intestacy. The next of kin, such as a spouse or civil partner, children, or parents, can apply for letters of administration.
Steps to Apply for Probate
Applying for probate involves several key steps, which include:
- Valuing the estate to ascertain whether probate is necessary.
- Completing the relevant probate application forms.
- Paying any applicable inheritance tax.
- Submitting the application to the Probate Registry.
When Is Probate Not Necessary?
Probate may not always be required, especially if:
- The estate is low in value (typically under £10,000) and doesn’t include land, property, or shares.
- Assets are jointly owned and automatically pass to the surviving owner.
Conclusion
Understanding who can apply for probate is essential for the smooth administration of the deceased’s estate. Whether you’re named in a will as an executor or seeking letters of administration as next of kin, it’s important to follow the legal requirements to ensure the deceased’s wishes are honoured and their estate is distributed fairly.
At DLS Solicitors, we understand that dealing with the loss of a loved one is an extremely difficult time. Our team of compassionate and experienced legal professionals is here to guide you through the probate process, providing support and advice every step of the way.
