Probate & Letters of Adminitration Overview

What is probate?

What is the probate process?

• Lodging the Application: The executor must lodge an application for probate with the Supreme Court, providing relevant documents, including the original will and death certificate. They may also need to advertise their intention to apply for probate.
• Verification and Assessment: The court examines the application, verifying the authenticity of the will and ensuring it meets the legal requirements. The court may request additional information or documents if necessary.
• Grant of Probate: If the court is satisfied with the application, it issues a Grant of Probate. This document confirms the validity of the will and authorises the executor to administer the estate.
• Estate Administration: With the Grant of Probate in hand, the executor can proceed with collecting and valuing assets, paying debts and taxes, and ultimately distributing the estate to beneficiaries as per the terms of the will.

What is letters of administration and when it is required?

What is the letters of administration process?

• Identifying an Administrator: The court identifies an eligible person, usually a close relative, to act as the administrator of the estate. The order of priority for appointment is defined by intestacy laws.
• Applying for Letters of Administration: The administrator must lodge an application with the Supreme Court, providing relevant documents, including the death certificate and details of the deceased’s assets and beneficiaries.
• Verification and Assessment: The court examines the application, ensuring the applicant is eligible and all necessary information is provided. The court may request additional documents or details if required.
• Grant of Letters of Administration: Upon approval, the court issues Letters of Administration, granting authority to the administrator to administer the estate and distribute assets in accordance with intestacy laws.

FAQs

The content of this article is intended as a general guide to the subject matter and not to be relied upon as legal advice. For specific legal advice about your individual circumstances, please contact our experienced lawyers.