The grant of probate is a certificate provided by the Probate Registry of the Court which confirms that executors named on the grant have the authority to deal with the administration of the deceased’s estate.
When someone dies without leaving a valid Will a grant of letters of administration will need to be obtained to enable the beneficiaries of the estate to administer it. Under the Intestacy Rules the people entitled to take out the grant are the beneficiaries of the intestate estate. They are known as the administrators opposed to the executors. They will be unable to administer the estate without a grant of letters of administration.
An executor does not have to accept their appointment but once they do they cannot retire without the approval of the court.
An executor can formally renounce their appointment as executor or allow the other executors to act and have power reserved to them. The latter means that if their co-executors, who do accept the role or are unable to complete the administration of the estate they can assume their role as executor at a later date.
Whether a grant needs to be obtained usually depends on the assets in estate. For example you have to have a grant to be able to sell or transfer property.
Banks and building solicitors have the discretion to pay out the contents of accounts without seeing a grant if the total value of the estate is below a certain threshold. This is usually between £10,000 to £25,000 depending on the bank. Otherwise a grant will be required.
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