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There are three main types of Probate.
There are three main types of Grants of Probate in England and Wales, and each is applicable in specific situations:
This is issued when the deceased person left a valid Will and appointed an executor(s) to administer their estate. This Grant confirms the executor’s authority to gather the assets, pay debts and taxes, and distribute the remaining assets to the beneficiaries as specified in the Will.
This is issued when the deceased person did not leave a valid Will, or the Will does not appoint an executor(s). This Grant allows the administrator(s) – usually the next of kin or closest relative – to handle the estate administration process according to the laws of intestacy. The administrator will distribute the assets to the beneficiaries as determined by the laws of intestacy.
This Grant is issued when the deceased person left a valid Will, but there is no appointed executor or the appointed executor is unable or unwilling to act. It allows an administrator to be appointed to administer the estate while adhering to the instructions in the Will.
There may be variations or additional types of Grants depending on the circumstances and requirements of the estate. Seeking professional advice is recommended to determine the appropriate type of Grant for a particular situation and to navigate the Probate process effectively.
There are other types of Grants for more niche circumstances, for example a limited Grant, which is to allow the calling in but not the subsequent distribution of assets and a Grant de Bonis Non, which the person to whom a Grant has been issued has died before completing the administration and no chain of executorship continues.
Our specialist team is experienced in many different aspects of Probate. If you would like to speak to a member of our team, please contact 03333 058375 or email WealthProtection@psg-law.co.uk.
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