What is Probate?

A grant of Probate is a document issued by the Supreme Court certifying a will is valid and confirming the appointment of an executor.

Probate is a critical legal step needed before a person’s estate can be administered and payments eventually made to the estate beneficiaries.

The court requires proof that the executor appointed in the will is alive, and willing and competent to administer an estate.

It determines the document is the last will made by the deceased.

Without probate an executor does not have the authority to administer the estate and transfer assets to the beneficiaries.

When you apply for probate, there are a number of things you need to be aware of.

For instance, the will must be valid and must be the last will made by the deceased.

Where someone has died without making a will, an application will need to be made for Letters of Administration.

Letters of Administration is the court’s approval for someone to administer the estate of a person who dies without a will.

It is usually granted to the next of kin of the deceased.

This could be their spouse, domestic partner or one of their adult children.

In some cases, if the named executor of a will is no longer alive, competent, or willing to accept the responsibilities, the court may appoint someone else to administer the estate.

This is called ‘Letters of Administration with the will annexed.’

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