Who applies
The executors named in the will normally apply. Where they are unwilling or unable to act, other arrangements may be necessary, and advice should be obtained.
What executors do
- Identify and secure the assets of the estate.
- Identify liabilities and settle them from the estate.
- Apply for the grant and comply with the requirements of the process.
- Distribute the estate in accordance with the will.
- Keep proper accounts of the administration.
Probate compared with letters of administration
Both are grants of representation authorising a person to deal with an estate. Probate follows a valid will; letters of administration are sought where there is no valid will or no executor able to act.