Permission Regarding Probate?

[notfrozenagain]

Hello

I am wondering if anyone can help. My grandmother passed away and she has 5 children. She did not have a will. One of the siblings may have possibly gone ahead and applied for probate without informing the others. Is this possible?

Also, if they have got probate, can they use this document and other ID (such as my grandmothers passport which they have) to change the name on her house/deeds to their own? My grandmother never had a will as it was always said her house would be split between all her children...

Thank you

[Buenchico]

Pedantic point: The 'grant of representation' that's required to distribute the estate of a person who died intestate (i.e. without leaving a will) isn't called 'probate'; it's referred to as 'letters of administration'.

The following people have the right to apply for letters of administration, in the order shown:
1. The spouse or civil partner of the deceased ;
2. A child of the deceased ;
3. A grandchild of the deceased ;
4. A parent of the deceased ;
5. A brother or sister of the deceased ;
6. A nephew or niece of the deceased ;
7. Another relative of the deceased.

Assuming that your grandmother wasn't married (or in a civil partnership) at the time of her death then any of her children had/has the right to apply for leters of administration. (They could/can do so in partnership with one or more of their siblings but they're not obliged to do so; they can apply on their own).

Once someone has received letters of administration they are obliged to distribute the estate of the deceased person in accordance with the law. That would appear, in your family's circumstances, to mean sharing it between the five children of the deceased but you can check the exact rules here:
https://www.gov.uk/inherits-someone-dies-without-will

A 'grant of representation' (whether that be in the form of 'probate' or 'letters of administration') is a public document and anyone is entitled to a copy of it. If a grant has already been issued you can get a copy straight away; if not, you can enter a 'standing search', which means that you'll get a copy as soon as the grant is issued:
https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

[Peter Pedant]

Good answer BC

totally agree

sorry for you loss Frozzie - and also the storms which seem to be gathering.

If s/o has applied for a letter of administration ( not that pedantic in my opinion, ) then he MUST distribute according to the rules of intestacy which here is to divide into five equal parts....

If there is a dispute a judge is likely to order - sell the whole lot and divide by five ....[it is useful to bear that in mind, in family discussions] ....

sorry this has occurred ( your gran is a silly silly girl for not doing a will )

as a residuary beneficiary your parent can demand estate accounts

[Peter Pedant]

BC's final para

you need to identify the registry where application is being made.
I think they demanded personal attendance when I did it
and it was five quid
and then a few weeks later a letter from the probate registry dropped thro the door

In my case the executor who was trying to hide the funds couldnt beleive it when I wrote and flapped a copy of the will in his face and asked " where is my share ? "

[notfrozenagain]

@PeterPedant @Buenchico Thanks very much