Probate Feb. 26, 2016

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What Is Probate?

It is the legal process which allows someone to manage the property, money and other assets of a deceased person. It requires registering the will of a deceased individual with the Probate Office.

Roles Of Probate

When an individual dies, a certain named person (also known as the executor) becomes responsible in dealing with the deceased person’s estate and assets. It is the executor who identifies all of the assets and debts involved with the estate, and it is their duty to distribute them properly- according to the wishes written in the will. But being named in the will alone is usually not enough to carry this responsibility out. In order to gain the authority to administer the estate of the deceased, the executor will need to obtain a legal document known as a “Grant of Probate”.

How To Obtain a Grant

In order to obtain a Grant of , the executor named in the will must apply to the Probate Office or the District Probate Registry. This Grant of Probate is the proof needed to show that the person who originally wrote the will is indeed dead, that the will itself is authentic and that the executor is who they claim to be. This is all done in order to protect the interests of those who hold the deceased individual’s assets, such as banks or other financial institutions.

When There Is No Will

If there is no will at the time of the death of a loved one, a close relative of the deceased can apply to the Probate Office or the District Registry to deal with the estate. They will apply for a ‘Grant of Letters of Administration’. If the grant is approved, this person will be known as the administrator of the estate”. The Grant of Letters of Administration is a legal document which confirms the administrator’s authority to deal with the deceased individual’s assets.

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