Probate, Succession, and Inheritance

When a loved one passes away, the grief and mourning are often accompanied by the need to manage their estate. This involves a series of legal processes that ensure the deceased’s assets are handled and distributed according to their wishes and the law. Three key terms often encountered during this time are probate, succession, and inheritance. While interconnected, each has distinct meanings and roles in the administration of an estate.

What Is Probate?
Probate is the judicial process where a will is proved in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy if no valid will exists. The process begins with validating the will in court, often requiring witnesses who observed the deceased sign the will and believed the deceased was mentally capable and not under duress at the time. Following validation, an executor or administrator is appointed to manage the estate. This involves gathering and safeguarding assets, paying off any debts and taxes owed by the estate, and, ultimately, distributing the remaining assets to the rightful heirs according to the terms of the will or state law.

What Is Succession?
Succession is the order or process by which a deceased person's estate is passed on to their heirs or beneficiaries. It refers to the outcome of the probate process—deciding who gets what. If a person dies without a will, the estate undergoes intestate succession, where state laws determine the distribution of assets, usually to the closest relatives. In cases where a will exists, succession follows the directives laid out by the deceased, often referred to as testate succession. In other words, succession establishes who is entitled to the deceased’s assets, resolving questions of rightful ownership and clarifying who inherits what. It’s about determining the heirs and their shares.

What Is Inheritance?
Inheritance refers to the actual assets that beneficiaries receive as a result of the probate and succession processes. This includes everything from monetary assets and real estate to personal keepsakes, representing the physical and financial legacy of the deceased. The transfer of these assets not only reflects the material wealth of the deceased but also their intentions and relationships with those they leave behind. Inheritance can have significant tax implications, such as inheritance taxes or estate taxes, depending on the jurisdiction and the size of the estate. Additionally, inheritance can sometimes lead to legal disputes among potential heirs, which underscores the importance of clear legal guidance.

In conclusion, while probate, succession, and inheritance are interrelated, they serve different functions in the management and distribution of an estate. Probate ensures the will is valid and the estate is settled properly, succession determines the line of inheritance as dictated by the will or the law, and inheritance is what the beneficiaries ultimately receive. Understanding each component can significantly ease the administrative burden after a loved one’s passing, helping ensure their legacy is honoured as they intended.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.