When we talk about 'probate' we mean applying for the right to deal with a dead person's affairs. This is sometimes called 'administering the estate', but 'probate' is the official term.

When the deceased has left an up-to-date will, the process is relatively simple: executors are appointed within the document and they are therefore in charge of ensuring that the will is correctly processed.

When no will can be found to act upon, the role of the probate registry is more significant as the probate registry can assign an executor.

If the deceased leaves a will

The executor applies for a 'grant of probate' from the probate registry (part of the court). The grant of probate is a legal document which clarifies that the executor has the appropriate authority to deal with the deceased person's assets. The executor can then use it to prove that they have the right to collect and distribute the deceased person's assets as set out in the will, which gives them access to assets and property.

If the deceased does not leave a will

In the absence of a will, a close relative of the deceased can deal with the estate, if agreed by the probate registry through the issue of a 'grant of letters of administration'.

Just as the grant of probate gives authority to execute a will, the grant of letters of administration confirms the administrator's authority to deal with all of the necessary details.

In some cases the law states that two or more people must act as the administrator. One example would be if a child was a beneficiary and administrator.

It is important to note that this information is correct for England and Wales. Scottish law varies and an expert should be consulted.