What is the definition of Probate?

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Probate Definition

The earliest probate definition, from 1463, stating it is the 'official proving of a will.' It originates from the Latin word 'probatus,' meaning proven. Probate is the legal procedure of administering the estate of a deceased person by settling their affairs and distributing their assets and property.

If you're looking for a probate definition, the chances are you're dealing with the death of a spouse or relative. If you've recently been bereaved, you'll need to know what's legally required to deal with the affairs of a loved one. For free impartial help and advice from probate experts at IWC; call us on 0800 612 6105, lines are open 7 days a week until 10pm.

In the event of a death in your family, you are more than likely distressed, in a state of shock or in the wrong mind-set to be dealing with paperwork and legalities. IWC can relive you of this pressure so you're free to deal with the emotional impact of your loss. We can take care of the entire probate process on your behalf, from valuing the estate and making the application to collecting monies owed and dealing with beneficiaries.We offer;

A Low-Cost, Fixed Fee
With no advance payment required
Free help & Advice
No-obligation appointments
By full STEP members or law degree practitioners
Call free on 0800 612 6105

Define Probate in Practice

If a person passes away owning assets in excess of £5,000 or if an institution is likely to pay the estate of a deceased person a sum in excess of £5,000 then either a Grant of Probate or Letters of Administration are needed in order to obtain these monies. The procedure of applying to HM Courts & Tribunals Service for probate is a common probate definition, however it does in fact refer to the entire estate administration process.

Probate Definition Types

There are two different probate procedures in place. The probate definition that applies depends on the circumstances of death. The first is for a testate death; where the deceased has left a valid will, the probate process requires you to obtain a Grant of Probate. The second applies to dying intestacy or partial intestacy where there is no valid will. In this case you'll apply for Letters of Administration in accordance with the rules of intestacy. A probate definition often refers to these processes collectively, where they are in fact distinctive.

Applying for Probate

You must fill out the relevant probate forms inheritance tax forms and forward to HM Courts & Tribunals Service and HMRC. You'll then be required to attend and interview where you'll answer any questions concerning the death, the administrators, the estate and the beneficiaries. You'll also swear an oath to confirm that the information that's been provided is correct. Provided there are no problems, the probate document will then be issued, allowing the executor or administrator to access and distribute the assets.

What Happens Next?

This depends on the circumstances surrounding the individual estate. Sometimes the process is relatively simple, the deceased left a valid will and the assets are not spread out over too many financial institutions. In cases where the deceased did not leave a will, it is recommended you seek legal advice immediately, as beneficiaries are determined by the rules of intestacy. An estate can also be complicated if there are shares or Trusts involved.

If our probate definition has not helped resolve things for you; call IWC on 0800 612 6105 for free help and advice, we're open 7 days a week until 10pm.

0800 612 6105 020 8150 2010

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Our Probate Advice lines are open until 10pm seven days a week.

"You take care of your family all your life, don’t leave them in a mess when you’re not there."

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