When someone dies, it is not automatically the relatives of the deceased that can deal with the estate of the deceased. There has to be an application made to the court for someone to be given the authority to deal with the estate of the deceased.
When There Is a Named Executor
An executor is the person who is granted a ‘grant of probate’ when someone dies with a valid Will. A grant of probate is a formal document which confirms the executor’s authority to deal with the assets of the deceased person and collect money left by the deceased person.
When There Is No Will
Without a will, family members apply for letters of administration to deal with the deceased person’s property. which list relatives in a particular order, the spouse or civil partner of the deceased applying first, followed by children and then other relatives of the deceased.
When the First Person Steps Aside
An executor or the first person in priority can renounce probate. In such cases, the next person in line will apply for a grant and a new application will be made in their name.
For more on Probate Leicester, take a look at //beesandco.com/our-services/probate/leicester.
When Several People Share the Right
Up to 4 applicants can be named in a Grant. However all must apply jointly and agree to the application. In most cases one person acts for the others.
Executor Versus Administrator
The grant of probate is issued in the name(s) of the executor(s). Letters of administration are issued in the name(s) of the administrator(s). Some institutions will only recognise the specific grant (Probate or Letters of Administration) and therefore must be seen by us before any distribution can take place.