Probate is a court document that states a will is legal and valid. This means the executor – the person appointed in the will with the authority to do as the will states – can go ahead and fulfill the will’s orders. Probate is required (in most cases) before the instructions in the will regarding a deceased person’s estate can be enacted.
The ‘estate’ of a deceased person means everything they own at the time of their death – clothes, jewellery, money, bank accounts, cars, houses, and furniture. If a person dies without a will (dying intestate), then other rules apply.
Applying for probate
First, you must locate the will of the deceased person. An executor and trustee will be named (usually the same person). The will also names any beneficiaries. The executor is responsible for applying for probate and finalising the affairs of the deceased person. A lawyer may be appointed to help apply for probate or do any other tasks.
The executor may need to advertise their intention to apply for probate, in the public notices section of a newspaper. This gives anyone who has an interest a chance to resolve complaints or issues. If there are no notifications filed, then probate will be granted. There are forms to fill out and fees to pay, and evidence may be required as to the validity of the will.
Exceptions to applying for probate
Exceptions apply sometimes, for example when the value of the estate is very small, if all the deceased’s possessions are also the joint possessions of another person (like a partner), or if the deceased doesn’t have money to pay off debts. Talk to your lawyer for more information on these special circumstances. Additionally, some money may be removed from a bank account immediately upon death to pay for funeral arrangements.
If you have any questions or want some support during this process, having a lawyer on hand can ease the burden of being an executor or contesting a will. If you do not have a lawyer, contact Vanessa Ash.
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