If you have inherited an empty property, you may need to apply for probate.
Probate is the process of officially proving the validity of a will. However, the following information also applies when a person dies without a will, in which case it is called 'letters of administration'.
These legal documents prove that a person, or persons, named in the will are entitled to collect and distribute the estate (money, property or other assets) of the deceased. You may need to show these to organisations who hold those assets such as -
- banks
- building societies
- solicitors
It may not be necessary to obtain these legal documents in the following cases -
- where a home is held in joint names and is passing by survivorship to the other joint owner
- where a joint bank or building society account is held, the production of a death certificate may be enough for the monies to be transferred to the joint holder
- certain institutions may release monies without a grant being produced if the amount held by the deceased is small
If the institutions concerned inform you that a grant of probate or letters of administration is required, you can contact a solicitor or obtain them yourself through the GOV.UK website.
A probate solicitor will help you deal with a newly inherited property or estate. Visit the law society for help in finding a solicitor.
You can find more information on the GOV.UK website on -
- applying for probate
- dealing with estates and inheritance tax
- preparing a Will
- what happens when there is no will
- checking if probate or letters of administration have been granted
If probate has been granted it will contain the name and contact address of the appointed executor or executors of the estate who are legally able to deal with the estate or property. It will also provide you with a copy of the Will so you can see that the executor is obeying the wishes of the deceased.