There are usually family members appointed as executors well before an elderly member reaches end of life. The executor/s are charged administering the winding up of that family member’s estate and it makes sense to see that a solicitor is appointed at the start of the process. Applying for probate on the deceased’s estate is one of the big jobs and it gives you the right to deal with the estate after death. A solicitor can help with the application for probate, making the process easier by checking all the steps are taken. This then ensures you do not receive penalties from the Government for non supply of correct information. Being granted probate gives you the legal right to deal with all their property, money and possessions when that family member dies.
In England and Wales there are in fact two types of grant that gives this legal right. A grant of probate if the person has left a will and grant of letters of administration where the deceased has not left a will. These documents are both referred to as grants of representation and in both circumstances the application process is in fact the same.
In the case that a will has been left then it will generally name a family member or friend to act as executor. The grant of probate is an official document issued by the probate registry, part of HM Courts & Tribuals Service. However if anyone named does not wish or feel unable to act as as executor can apply to appoint someone else to act by using attorney forms via the Gov.Uk site. If they refuse to act and have not already commenced the process of dealing with the estate, they can apply to renunciate online and file that application at a probate registry with the will.
There can be up to four executors appointed; all must come to an agreement as to who applies for the probate as only one application can be submitted. Should the deceased not have named an executor to administer their will, then the probate court will appoint someone.
