Probate and Estate Administration
Executors of deceased’s estates will usually be required to obtain a Grant of Probate. Banks, Government departments and other institutions often require a Grant of Probate before releasing assets into the Executor’s administration. A Grant of Probate proves that the Will has been authenticated by the Court, and that the Executor has been granted the legal authority to administer the estate whether by redemption, transfer or otherwise disposing of the assets of the deceased and distributing those assets pursuant to the terms of the Will.
Where there has been no Will, a Will has been deemed invalid, or if the Executor has renounced or died, a Grant of Letters of Administration is required to prove the appointment of the Administrator.
Not every Estate requires a Grant of Probate or a Grant of Letters of Administration in order to administer.
If the assets of the Estate do not include real estate and are only minimal then the investment bodies may waive their requirement for a Grant of Probate/Letters of Administration and accept some form of Executor indemnity in its place.
If all the assets of the deceased were held jointly, then a Grant of Probate/Letters of Administration will not be required. All assets held jointly, by virtue of survivorship, may be transferred to the surviving joint tenant without requiring a Grant of Probate/Letters of Administration.
Here at Court Legal we have experience in completing the documents and affidavits and can guide you in completing the forms, or completing them for you. It can sometimes be a confusing and emotional time and we take the time to listen and to help you as best we can.