Who deals with probate?

When faced with estate administration tasks, it is important to understand who deals with probate and the rest of the administrative tasks. 

What is probate?

 The umbrella term, Grant of Representation, refers to the Grant of Probate or Letters of Administration (if there is no Will) in England & Wales. In Scotland, it’s called Confirmation. 

Probate is often mistaken for the term for all tasks involved in handling a deceased person’s affairs; however, it only refers to obtaining the Grant that enables you to carry out these tasks. 

What is the difference between probate and estate administration? 

Who deals with probate?

If there is a Will, the Testator (the person who created the Will) should have named an Executor to deal with its contents, including applying for probate if necessary. The Testator can name multiple Executors; however, only one can be named on the Grant of Probate. 

 An Administrator will be appointed by the Court to deal with the estate, if the person died without a Will - known as dying intestate. This individual is usually the next of kin. 

Who can be an Executor?

Anyone of sound mind and over the age of 18 can be an Executor. 

Who can’t be an Executor? 

Other than those who don’t have capacity, there are few restrictions on who can and cannot be your Executor: 

• A former spouse/civil partner cannot act as an Executor if the marriage or civil partnership came to an end after the Will was written;
• If your Executors are named as beneficiaries and they have officially witnessed your Will, they forfeit their part of the estate;
• Beneficiaries (and their spouse or civil partner) cannot be witnesses to a Will. 

Please note, if you want someone to be your Executor and a beneficiary, you shouldn't have them as a witness. 

Who can be an Administrator?

Under the rules of intestacy, the person eligible to apply to be an Administrator is usually a next of kin of the deceased. The order of who can/should apply for Letters of Administration typically is as follows:

1. Spouse or civil partner;
2. Children;
3. Parents;
4. Siblings.

What is the difference between an Executor and an Administrator? 

The only difference between an Executor and an Administrator is that Executors are named in the Will and Administrators are appointed in cases of intestacy. Their role, responsibilities, and liabilities are all the same. 

The umbrella term for Executors and Administrators is Personal Representatives (PR). 

When is probate required? 

Probate is usually required if: 

• The deceased owned any property in their sole name;
• If a financial institution (e.g., a bank or building society) needs to see the Grant of Probate to release the funds. 

If the assets were held jointly, probate won’t be needed as they will automatically pass to the surviving spouse or civil partner. If there are solely owned assets or the estate value is over the financial institution’s threshold, a Grant of Probate is necessary, whether the individual passed away with a Will or intestate. 

How much does probate cost?

There is a set government fee of £300 for obtaining the Grant of Probate. However, if the estate value is £5,000 or less, there is no fee payable. Please note, this is only one of potentially many expenses. You can find out more here.