Editing Probate (section)

==United Kingdom==
===England and Wales===
The main source of [[English law]] is the [[Wills Act 1837]]. Probate, as with the law of family settlements (trusts), was handled by the [[Court of Chancery]].<ref name="ukprobate"/> When that court was abolished in 1873,<ref>[[Judicature Act 1873]]</ref> their jurisdiction passed to the [[Chancery Division]] of the [[High Court of Justice|High Court]].

====Definition====
When someone dies, the term "probate" usually refers to the legal process whereby the deceased's assets are collected together and, following various legal and fiscal steps and processes, eventually distributed to the beneficiaries of the estate. Technically the term has a particular legal meaning, but it is generally used within the English legal profession as a term to cover all procedures concerned with the administration of a deceased person's estate. As a legal discipline the subject is vast and it is only possible in an article such as this to cover the most common situations, but even that only scratches the surface.<ref name=Collinson/>

====Jurisdiction====
All legal procedures concerned with probate (as defined above) come within the jurisdiction of the Chancery Division of the High Court of Justice by virtue of Section 25 of the [[Senior Courts Act 1981]].<ref>{{Cite web|url=https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part57|title=PART 57 - PROBATE, INHERITANCE AND PRESUMPTION OF DEATH - Civil Procedure Rules|website=justice.gov.uk|language=en|access-date=2017-05-22}}</ref> The High Court is, therefore, the only body able to issue documents that confer on someone the ability to deal with a deceased person's estate—close bank accounts or sell property. It is the production and issuing of these documents, known collectively as ''grants of representation'', that is the primary function of the Probate Registries, which are part of the High Court, which the general public and probate professionals alike apply to for grants of representation.<ref name=Collinson/><ref>{{cite web |url=http://www.hmcourts-service.gov.uk/infoabout/civil/probate/registries.htm |title=About HM Courts & Tribunals Service |publisher=Hmcourts-service.gov.uk |date=2011-04-01 |access-date=2014-04-10 |url-status=dead |archive-url=https://web.archive.org/web/20110606125411/http://www.hmcourts-service.gov.uk/infoabout/civil/probate/registries.htm |archive-date=6 June 2011}}</ref>

====Grants of representation====
There are many different types of grants of representation, each one designed to cover a particular circumstance. The most common cover the two most common situations—either the deceased died leaving a valid will or they did not. If someone left a valid will, it is more than likely that the grant is a ''grant of probate''. If there was no will, the grant required is likely to be a ''grant of administration''. There are many other grants that can be required in certain circumstances, and many have technical Latin names, but the general public is most likely to encounter grants of probate or administration. If an estate has a value of less than £5,000.00 or if all assets are held jointly and therefore pass by survivorship, for example to a surviving spouse, a grant is not usually required.

=====Applying for a grant=====
A will includes the appointment of an executor or executors. One of their duties is to apply to the Probate Division of the High Court for a grant of probate.<ref>{{cite web|title=Applying for probate|url=https://www.nidirect.gov.uk/articles/applying-probate|website=nidreict Government Services|access-date=19 September 2017}}</ref><ref>{{cite web|title=Wills, probate and inheritance|url=https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation|website=Gov.UK|access-date=19 September 2017}}</ref> An executor can apply to a local probate registry for a grant themselves but most people use a probate practitioner such as a solicitor. If an estate is small, some banks and building societies allow the deceased's immediate family to close accounts without a grant, but there usually must be less than about £15,000 in the account for this to be permitted.<ref name=Collinson/>

====Asset distribution====
The persons who are actually given the job of dealing with the deceased's assets are called "personal representatives" or "PRs". If the deceased left a valid will, the PRs are the "executors" appointed by the will—"I appoint X and Y to be my executors etc." If there is no will or if the will does not contain a valid appointment of executors (for example if they are all dead) then the PRs are called "administrators". So, executors obtain a grant of probate that permits them to deal with the estate and administrators obtain a grant of administration that lets them do the same. Apart from that distinction, the function of executors and administrators is exactly the same.<ref name=Collinson/>

====Probate requirements====
A requirement of the probate process is the valuation of the estate.<ref>{{cite web|title=Valuing the estate of someone who's died|url=https://www.gov.uk/valuing-estate-of-someone-who-died|website=Gov.UK|access-date=19 September 2017}}</ref><ref name=Collinson/>

====Intestacy probate process====
For an explanation of the intestacy probate process in England and Wales, see [[Administration of an estate on death]].

====Contesting the circumstances of a will's creation====
An applicant may challenge the validity of a person's will after they have died by lodging a '''caveat''' and requisite fee at the probate registry. This prevents anyone from obtaining a grant of probate for that person's estate for six months, which the applicant can shortly before that point apply to extend. A caveat is not to be used to extend the time for bringing a claim for financial provision from a person's estate, such as under the [[Inheritance (Provision for Family and Dependants) Act 1975]]. The court can order costs against an applicant using a caveat for that purpose.<ref name="s">{{Cite web|url=http://www.stephensons.co.uk/site/individuals/contesting_wills_probate/caveats_warnings/|title = Caveats, Warnings & Appearances - Inheritance Disputes| date=4 August 2023 }}</ref>

To challenge the caveat, the intended executor sends a completed "'''warning'''" form to the probate registry. This document will be sent to the person who entered the caveat, and for the caveat to remain, they will have to enter an '''appearance''' at the probate registry.<ref name="s"/> This is not a physical appearance; it is a further document to send to the probate registry within eight days of receiving the warning.<ref name="s"/>

===Scotland===
The equivalent to probate in Scotland is '''confirmation''', although there are considerable differences between the two systems because of the separate [[Scots law|Scottish legal system]]. Appointment as an executor does not in itself grant authority to ingather and distribute the estate of the deceased; the executor(s) must make an application to the [[sheriff court]] for a grant of confirmation. This is a [[court order]] authorising them to "uplift, receive, administer and dispose of the estate and to act in the office of executor".<ref>{{cite book|last1=Gloag and Henderson|title=The Law of Scotland|date=2017|publisher=W. Green|pages=1130|edition=14th}}</ref> A grant or certificate of confirmation gives the executor(s) authority to uplift money or other property belonging to a deceased person (e.g. from a bank), and to administer and distribute it according to either the deceased's will or the law on [[intestacy]].<ref>{{cite web|title=Dealing With a Deceased's Estate in Scotland|url=https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased%27s-estate-in-scotland|website=Scottish Courts and Tribunals Service|access-date=19 April 2018}}</ref>