A Grant of Probate is a legal process that is required to prove that a Will is valid and, therefore, that the Executors named in the Will have the proper authority to administer the estate of the deceased person.

This largely depends on whether the asset holders (eg. banks) require the Grant as a condition of releasing the asset to the Executor/s.

If all of the deceased's assets are "jointly" owned, then Probate may not be necessary. Probate is not required to remove the name of a deceased joint owner from a title. However, if the deceased instead owned real estate solely or as a "tenant in common", then Probate would be necessary, as the Land Registry will not transfer ownership without the Grant.

A Grant of Letters of Administration is required when a person dies without a Will (dies intestate), or did not name an Executor in a Will, or the Executor is unable or unwilling to act.

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Obtaining the Grant is a legal process whereby the Supreme Court appoints a person/s as the Administrator of the estate. Like the Executor of an estate, the Administrator is the person/s who are granted the authority to deal with the assets and liabilities of the estate.

There is an inheritance guide that is essentially a flowchart that determines who benefits from an intestate estate (refer useful link below).

You must be the closest next of kin of the deceased. This is determined as per the following order of priority:

1. Lawful spouse or domestic partner

2. Children, excluding step children, but including children adopted by the deceased

3. Grandchildren

4. Parents

5. Brothers or sisters

6. Remoter next of kin