When a person dies, it is sometimes necessary to apply for Probate of a persons estate.

This is a formal legal process, which authorises someone to deal with a deceased person's estate, (that is, property, money and other possessions, owned by the deceased at the date of death).

The authority is given in the form of a document called a grant, and the three most common types are;

1. Grant of probate.

Where a person dies leaving a valid will and appointing an executor, a grant of probate issues to the executor. The person's assets are dealt with by the executor, according to the terms of the will.

2. Grant of letters of administration.

This type of document issues when a person dies without having made a will. The deceased is said to have died 'intestate', and his or her assets are dealt with by an administrator in accordance with the terms of the Succession Act 1965.

3. Grant of letters of administration with will annexed.

This type of document issues where a person dies leaving a will, and a person other than the executor is applying for the grant.

How to obtain a grant of probate.

An application for a grant of probate or letters of administration may be made to the Probate Office. 

Alternatively, an application may be made to the District Probate Registry where the deceased lived permanently at the time of his/her death.

Applications are normally made through a solicitor though some applications can also be made in person. Contact Probate Office for further information.