Who can apply for Probate?
You can apply for grant probate if :
- You are over eighteen
- You are an executor named in the will;
- You are named in the will to receive some or all of the estate (if there are no executors, or if the executors are unable or unwilling to apply);
- The deceased person did not make a will and you are their next of kin, in the following order of priority:
- lawful husband or wife or civil partner (a civil partnership is defined as a partnership between two people of the same sex which has been registered in accordance with the Civil Partnership Act 2004). Unmarried partners cannot apply for probate.
- sons or daughters (excluding step-children) including children adopted by the deceased. (Children adopted out of the family can only apply in the estates of their adoptive parents and not their biological parents. )
- Grandchildren and great grandchildren
- Parents
- Siblings
- Half Siblings
- Grandparents
- Uncles, Aunts, Nieces or nephews
- Other close relatives
Our solicitors can advise on or help with any stage of the probate process.
Speak to a member of our team