Probate & Estate Administration

Probate is the legal process of obtaining a Grant of Probate, a document that grants Executors the authority to manage and distribute a deceased person’s estate. 

While the term “probate” is commonly used to refer to the entire estate management process, it technically only refers to obtaining the legal authority to administer the estate.

Regardless of whether probate is required, estate administration must always take place.

What Is grant of probate?

A Grant of Probate is a legal document that gives the Executor the authority to administer the estate, which includes handling assets, property, and debts.

Executors typically need this document to fulfill their legal duties, such as closing bank accounts, selling property, and distributing inheritance.

Probate is just one step in the wider estate administration process, although it’s often used to describe the entire process. Even if a Grant of Probate isn’t necessary, the estate must still undergo administration.

Is Probate Always Needed?

Probate may be necessary whether or not a Will exists, depending on the types of assets involved. Probate is usually required if:

• The deceased owned property or assets solely in their name – In most cases, a Grant of Probate is needed to sell or transfer the property and release funds to beneficiaries.
  
  
• Assets were not jointly owned – Joint assets typically pass directly to the surviving owner through survivorship, avoiding the need for probate.

Probate may not be required where:

• Jointly Owned Property: If property is owned as beneficial joint tenants, it will automatically pass to the surviving owner.
  
  
• Simple Estate: If the estate consists only of cash and personal possessions, probate may not be necessary.
  
  
• Low-Value Estates: Some banks and financial institutions release funds from low-value estates without requiring probate.

What Is Estate Administration?

Estate administration is the comprehensive process of managing all of a deceased individual’s assets, debts, and taxes before distributing the inheritance to beneficiaries.

This process includes:

• Assessing and valuing assets (property, bank accounts, investments).
  
  
• Paying off debts and taxes owed by the estate.
  
  
• Preparing estate accounts.
  
  
• Distributing the remaining estate in accordance with the Will, or by intestacy laws if no Will exists.

After debts and taxes are settled, the estate’s remaining assets are distributed to the beneficiaries as the final step in the administration process.

• Obtaining the Grant of Probate – Handling the process on your behalf to make it smoother and more efficient.
  
  
• Guiding you through estate administration – Providing assistance with asset valuations, debt settlements, and tax obligations.
  
  
• Providing expert advice for Executors – Offering guidance on the duties of an Executor to ensure responsibilities are met with confidence.
  
  
• Assisting with Inheritance Tax – Helping to manage tax obligations in the most efficient way possible.