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Who can apply for probate?

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Who can apply for probate?

Probate follows several key stages and who can apply depends on whether there was a Will or not.

Where a Will is in place, the people responsible for handling the estate are named as executors. They may be family members, a friend or someone else that the deceased person thought would execute their wishes. Alternatively, the executor may be a professional such as a solicitor. Named executors can apply for probate but in order to commence the process they need a copy of the Will. They can then start the process to apply for a Grant of Probate.

Where there is no Will in place and the person died intestate, it is not as definitive and they will need to apply to become the ‘administrator’ of the estate.

Those that can apply for probate are:

  • Spouse (husband or wife) - even if you were separated
  • Civil partner
  • Child
  • Parents
  • Siblings
  • Other relatives

If you were not married and were a co-habiting couple, regardless of the length of the relationship you are not able to apply for letters of administration to start to administer the estate nor are you automatically entitled to any of the estate.

If you need advice on the probate process or you would like to appoint us as professional executors where you are named, please contact us. If there is no Will we are able to assist you to administer the estate or assist with applying for letters of administration.

Our Wills and probate solicitors have a wealth of experience, if you would like to discuss how we could assist you please call us today on 0161 696 6229 or complete our online enquiry form and a member of the team will contact you to discuss your requirements.

Our legal experts can also assist with related areas including making a Will or Lasting Power of Attorney.