What is Probate?

When a person dies somebody has to deal with their estate (the money, property and possessions left) by collecting in all the money, paying any debts and distributing the estate to those people entitled to it.

The term probate often means the issuing of a legal document to one or more people authorising them to do this.

The probate registry issues the document, which is called a grant of representation.

These are three types of grant of representation:

1. Probate

Issued to one or more of the executors * named in the deceased will.

2. Letters of administration (with will)

Issued when there is a will, but there is no executor named, or when the executors are unable to apply, or do not wish to be involved in dealing with the estate

3. Letters of administration

Issued when the deceased had not made a will, or any will made is not valid

(* People named in the will to deal with the estate)