How can I find out if Probate has been granted? Rachel Shaw, Associate and specialist solicitor in contesting wills, answers this frequently asked question and explains the process clearly.
The issue of a Grant of Probate from the Probate Registry is a significant stage in the administration process of a deceased’s estate.
Once in possession of a Grant, the estate’s executors can then exchange on the sale of any real estate belonging to the deceased and encash the estate’s assets. Ultimately enabling them to distribute legacies to the estate’s beneficiaries.
The date a Grant is issued is vital for anyone challenging a Will under the Inheritance (Provision for Family and Dependants) Act 1975. Claimants have only six months from the Grant of Probate to bring their case to court, or they may lose the right to proceed.
It is therefore crucial to know whether probate has been granted.
You can search probate records on the Government’s website by entering the deceased’s name and date of death. This will confirm if a Grant has been issued and allow you to order a copy of the Grant and Will for a small fee.
If probate has not yet been granted, you can request a “standing search” at the Probate Registry. This ensures you receive a copy once the Grant is issued. A standing search lasts six months and must be renewed if needed.
If you intend to contest a will, it is advisable to do so at your earliest opportunity, regardless of whether Probate has been granted. If you would like to talk to a specialist in this area, our contentious probate solicitors can offer expert advice and assistance.
Call 01206593933 and speak to a specialist in contesting a will. Or complete the form below.
Disclaimer
The content of this article is provided for general information only. It does not constitute legal or other professional advice. The information given in this article is correct at the date of publication.
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