The executor will need to apply for a ‘Grant of Representation’ at the local Probate Registry to give them the legal right to do so. The right to deal with an estate is known as ‘Probate’. In Scotland this is known as ‘Confirmation of the Estate‘.

Probate or Confirmation is nearly always needed when the deceased’s estate includes property or land held in their own name or jointly as a ‘tenant in common’ (where each owner has a distinct share which does not have to be passed on to the other joint owner).

But if the deceased’s estate is worth less than £5,000 (£10,000 in Northern Ireland or £36,000 in Scotland), probate or letters of confirmation are not usually needed, this is known as a ‘small estate’.

It is not always required to use a specialist to manage the probate process for straightforward estate handling but for matters of a more complicated matter it is recommended to use a specialist and details of local companies can be found in the Legal & Financial section of the Funeral Services Directory.

The spouse or civil partner will inherit the entire estate if it’s worth:

• Less than £250,000 – if there are surviving children, grandchildren, etc, or
• Less than £450,000 – if there are surviving parents, brothers or sisters

Over these limits, the estate could be distributed between the spouse and the rest of the family.  Unmarried or divorced partners normally won’t inherit anything under the intestacy rules.