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Applying for probate

A pen resting on sheets of paperProbate, or a grant of probate, is a legal document issued by the Probate Registry. It officially gives executors the authority to deal with their loved one’s affairs.

To obtain the grant the executors have to:

  • make an application to the Probate Registry
  • attend in person
  • swear an oath.

There’s a fee for making this application and a further fee for swearing the oath.

Appointing a solicitor to get the grant of probate

Some executors prefer to appoint a solicitor to act on their behalf as executors just to get the grant of probate.

If you choose to do this, you can recover the solicitor’s fees from your loved one’s estate. We recommend that you keep copies of all the solicitors’ invoices, as you’ll need them when you draw up the statement of income and expenditure (estate accounts) once the administration is completed.

After you get probate

Getting probate can take a few weeks. Once you have probate, the executors are recommended to advertise for any unknown creditors of their loved one to come forward for payment.

Executors are personally liable for making sure that all their loved one’s debts have been paid and the estate is properly distributed to the correct beneficiaries.

By advertising for creditors in the local press and The Gazette using S.27 notices, you can potentially protect yourself from liability.

Need some help?

If we can support you in any way, please contact:

Catherine Whitehead, legacy administrator, on
or 01246 541 156
Anna Draper, legacy administration manager, on or 01246 541 113.

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