What is a Grant of Probate?

When a person dies leaving assets, their Executors will be required to administer the estate in accordance with their Will, or the laws of intestacy where no Will exists.  Often, before banks and other organisations will release funds from a deceased’s bank account they will request that the Executors exhibit a Grant of Probate, sometimes referred to simply as Probate, or Letters of Administration.

Probate is an English legal term and it is the document issued by the court which gives Executors authority to administer the estate of someone who has left a Will.  Letters of Administration are also issued under English law but where no Will exists.   The Scottish equivalent of Probate/Letters of Administration is Confirmation.

Banks will often not differentiate between the Scottish and English terminology and this can be confusing for Executors in Scotland because Probate is not granted here.  However, if a bank asks for Probate and the estate is being administered under Scots law, it is actually Confirmation which they require.

How do I apply for Probate or Confirmation?

The process of applying for Probate is not dissimilar to that of Confirmation.  In Scotland and England the Executors will be required to put together an inventory of the deceased’s assets and settle any inheritance tax which may be due from the estate.  An application for Probate or Confirmation is then submitted to the court in order that the Executors can ingather assets and manage property accordingly.

The process of applying for Probate or Confirmation can be complex as there are a number of forms to complete in order to do so and it is best to seek professional legal advice if you have been appointed Executor of an estate.

If you require assistance obtaining Confirmation or Probate, do not hesitate to contact our office where one of our experts will be glad to help.