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applying for the legal right to deal with someones estate when they die is called applying for probate you may not need probate if the person who died had jointly owned land property shares or money as these will automatically pass to the surviving owners or they only had savings if the person left a will you can apply for probate if youre named as an executor in the will or an update to it known as a codisil youll need the original will and any updates youll get a document called a grant of probate that allows you to start dealing with the estate each organization has its own rules so youll need to contact each asset holder to find out if you need probate to get access to their assets these could be banks or mortgage companies if you dont want to be an executor you can give up your right to apply for probate or appoint someone else to apply for you if more than one executor is named in the will you can choose not to apply now but reserve the right to apply later this is known as