Who applies for Probate

Your Probate questions answered

This question is determined by whether or not the deceased has left a Will.

Where there is a Will

A Grant of Probate would be applied for.

Where there is a Will, the Executor will be named in there.

There can be more than one with a maximum of four Executors.

Even if the Executor has been appointed, they may find that they are unable to fulfil this position and as such may have their powers reserved and act at a later date if and when necessary.

Alternatively, a firm of Solicitors may be instructed to deal with matters on behalf of the Executor.

Where there is no Will (Intestacy)

Letters of Administration would be applied for.

A hierarchy is followed as follows:

  • the deceased’s spouse or civil partner
  • the children of the deceased and the issue of any child who died in the deceased’s lifetime
  • the parents of the deceased
  • brothers and sisters of the whole blood and the issue of any who died before the deceased
  • brothers and sisters of the half blood and the issue of any who died before the deceased
  • grandparents
  • uncles and aunts of the whole blood and the issue of any who died before the deceased
  • uncles and aunts of the deceased of the half blood and the issue of any who died before the deceased

The person applying for the Grant  must have cleared off anyone above him in the priority order.