Rix & Kay – Probate & Estate Management

What is the purpose of Probate?

The purpose of probate is to provide the necessary legal documentation, (known as the ‘Grant of Probate’) that is usually required before the next of kin or the person named in the Will can deal with all the assets of the person who has died.

The purpose of probate and the Executor

The person named in the Will, who has the right to deal with the estate, is called the ‘Executor’. The Executor might have to apply for probate before they can carry out the wishes of the deceased as specified in the Will. The role of executor normally  involves distributing the deceased person’s assets, selling them or transferring ownership to another individual. Assets normally include property, money and other physical possessions.

What is the purpose of probate if there isn’t a Will?

The purpose of probate remains largely unchanged if someone dies without a Will. The biggest difference is that the law will decide who is permitted to deal with the estate (known as the Administrator of the estate – and their authority to do so comes from them being appointed as Administrator) and what happens to the assets (who inherits money, who might be passed any property etc).

There are other complexities involved when someone dies without a Will and this often centres around who is rightfully placed to benefit from any inheritance, for more information read our recent blog: Can I challenge an Estate where there is no Will?

More information relating to the purpose of probate

You might find it useful to read more about the key stages of probate and whether probate is always needed if there is a Will.

Contact us

Rix & Kay has a dedicated Probate Team that is hugely experienced and can help bereaved family members through the entire process of applying for probate. Read more about our probate team here or contact our Probate Manager, Sharon McCollum for an informal chat about how we can help. E.  T. 01825 744418