Who can apply for probate?

Part 1

If there is a will

Most of the time, your loved one will have told you that they have written a will and named you as executor. If this is the case, then you are eligible to apply for a grant of probate. If you are unsure who they named as executor, it should be listed in the will.

In some cases, the named executor will be unable to carry out their duties. This might be because the executor has died or lacks the mental capacity to handle the estate due to illnesses such as dementia. Another possibility is that the executor is alive and well but refuses to apply for probate. In these cases, the court will name an administrator. Usually, this is the beneficiary who stands to inherit the most of what was left in the will.

Part 2

If there is no will

If your loved one died without leaving a will, but you stand to inherit most of their assets according to the rules of intestacy, you should apply for a grant of letters of administration. Usually, the person who stands to inherit the majority is a close relative, such as a spouse, a child, grandchild, parent, or sibling. If the deceased did not have any of these, it might be a half-sibling, grandparent, aunt or uncle, or cousin.

Part 3

What are the responsibilities of the executor or administrator?

If you are the executor or administrator of your loved one’s estate, you will be responsible for applying for a grant of probate or letters of administration and then distributing the assets of the estate to each beneficiary as they are listed in the will, or as they stand to inherit them according to the laws of intestacy. Dealing with someone’s estate can be complicated, and involves many obligations, such as detailing and valuing assets, paying outstanding debts and taxes, selling property or distributing it to beneficiaries, claiming life insurance, closing bank accounts and savings accounts, and many more.

Part 4

How can Kwil help?

At Kwil, we understand how complex and time-consuming the process of applying for probate and dealing with someone’s estate can be. Many people find they need help with these proceedings but hiring a solicitor can be expensive and they often charge a percentage of your estate rather than a fixed fee. Kwil can help you acquire your grant of probate for just £595 or £999 depending on the size of your loved one’s estate. If you also find that you need help handling the estate due to a lack of time or know-how, you can pay an additional fixed fee and have Kwil’s experts manage this for you, so you don’t need to worry about anything going wrong.