Probate and Probate Lawyers

Firstly we need to ask, what is probate? There are so many terms which we hear with regards to the legal arena that it is very easy to become confused. We can become especially confused in the case of someone close to us passing away and it is then that we may need to think of speaking to a probate solicitor. In the United Kingdom authority to execute a will is not automatically granted even though you may be named within the will or you may be a very close family member of the person who is deceased. This is where the probate lawyer can help and guide you by applying on your behalf to make you the executor.

The actual term 'probate' is one which is used in relation to making an application which will give you the right to be in charge of dealing with the affairs of a deceased person. This is also commonly called 'administering the estate'. When a person passes away then naturally someone needs to take control of dealing with the estate which has been left behind. The executor will deal with paying debts and also distributing the remaining monies from the estate to persons named within the will. The best way in which to describe this whole process is that probate is the term for proving a will officially. This then ensures that the executor in legally allowed to move forward with dealing with the deceased's estate. Probate is also the word which refers to the final and officially verified will and certificate of proof which gives the person named on it the complete authority to legally administer the estate.

Types of Probate

  •     Probate (this is the term used if the deceased individual has left a will which is valid and an executor is acting)
  •     Letters of administration with will (this is the term used when a deceased individual has left a will which is valid but there is no acting executor)
  •     Letters of administration (this usually applies when there is no valid will in existence)
It is understandable that when someone close to you has passed away you will be bewildered and upset. Meeting with a lawyer will be one of the last things that you wish to do. However it is something which you will need to address in order to distribute the estate of your loved one. Bear in mind that the probate lawyer will have lots of experience in speaking to people in your position. If you feel upset at any point in the meetings this is completely natural. Your lawyer will understand and will help you in any way they can. If you need to stop at any point then this will be no problem. The lawyer will give you time to collect your thoughts and then resume the meeting.

When a loved one has died, trusting in the judgement and skills of a probate lawyer can take a lot of the stress out of this part of the process.


  1. A grant of probate is a document issued by the court giving the executor who has been named in the will the right to deal with the assets of the deceased. In the event that no executor is named in a will or in the event that there is no will, a grant of letters of administration must be obtained, usually by a person who has a financial interest in the matter to give authority to deal with the assets. probate law NSW

  2. Probate attorneys could be of two forms. Though some attorneys signify their clients in court, some other individuals handle administrative elements. Therefore the initial factor you'll want to determine is exactly what type of probate lawyer will be excellent to deal with your situation. There are actually a few lawyers who observe the two. Having said that it is hard to come across these types of lawyers simply because most of the attorneys like both to take care of administrative facets or focus on courtroom settlements.
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  3. Nice post...Probate is a legal document. Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will.
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  4. Thank you for this information. I'm planning on having my will drawn up and I thought I should learn more about Probate. Legal matters can be complicated, so I'm going to tell my children the importance of hiring a probate lawyer.

    Walter Kowalski |

  5. It sounds like probate can be very overwhelming. I agree that meeting with a probate lawyer would be very helpful for someone who is put in charge of distributing an estate. Like you said, they can take a lot of stress out of the process.

    Susan Hirst |

  6. Nice blog..With over 20 years of experience in Litigation relating to Wills and Estates & Family Law, Graeme opened The Northern Beaches Lawyers for clients from the Northern Beaches and surrounding Peninsula to take advantage of his expertise in Family Law, Wills and Estates.
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  7. Thanks for sharing the information..Actually Probate is the legal process whereby a will is proved in a court and accepted as a valid public document.
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