Probate and Administration of Estates

In order for the executor to be able to deal with and distribute the assets of an estate they must firstly acquire a Grant of Probate. This is a Court order granting authority to deal with the assets of the estate, and sets out that the Will is valid.

To apply for a Grant of Probate the following must be filed with the Supreme Court:

  • The original Will;
  • A death certificate;
  • Details of the deceased's assets; and
  • Evidence that the deceased's death has been advertised.

The probate document acts as proof to interested parties such as banks, private companies and government departments that the executor is authorised to deal with the estate.
There are circumstances where a grant of probate is not required, such as where the estate is considered to be a very small estate.

If you are the executor in a Will you need to take the following steps:

  1. Make sure you obtain a copy of the Will;
  2. Upon the death of the Willmaker, make enquiries regarding whether a Grant of Probate is required to administer the estate;
  3. Advertise the death of the principle;
  4. When probate is granted, ensure that all debts of the deceased are paid before the distribution of the balance of the estate to the beneficiaries.

If you are the executor of a Will we can assist you in every step to fulfill your duties in administering the estate.



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