In the event of a recent death in the family, the process of obtaining probate may be necessary. This is especially true if the deceased did not leave a will, in which case a grant of letters of administration may be required. This official document grants the loved ones of the deceased the authority to manage the estate of the deceased. The application for probate can be made directly or with the assistance of a lawyer. The term “probate” is commonly used when referring to the process of obtaining the rights to handle the affairs of a deceased individual.
However, the terminology used may differ based on whether the deceased left a will and the location in which they resided. Understanding the probate procedure is crucial in these situations. If the deceased left a will, the appointed administrator or executor applies for a Grant of Probate. This legal document confirms the executor’s authority to manage the assets of the deceased, including their money, belongings, and property. On the other hand, if there is no will, a close relative can apply to administer the estate, a process known as the Grant of Letters of Administration. This document confirms the administrator’s rights to handle the assets of the deceased individual.
In addition to probate, terms such as grant of representation and personal representatives may also be heard. A personal representative is an administrator or executor, and a grant of representation refers to grants of letters of administration and grants of probate. The grant of probate is particularly important when the deceased has left behind assets such as money, insurance policies, shares, or property. Most institutions or banks will require the grant of probate before transferring control of the estate assets. Therefore, it is essential to gather necessary documents such as the original will, bank statements, the death certificate, share dividend statements, and records of all assets and liabilities of the deceased before applying for probate.
Once the documents are gathered, the executor named in the will can proceed to apply for probate directly or with the assistance of a lawyer. Probate attorneys can help identify the specific documents required for the application and aid in acquiring them if they cannot be located within the personal records of the deceased.
As the documents are prepared, they must be organized and stored safely for submission along with the probate application. It is important to submit the original death certificate and will to the probate registry with the application, and to handle these documents carefully as any alterations or damage could complicate the probate process.
