About Probate
Probate is the legal process that takes place after someone dies, that makes sure property and possessions are given to the correct people, and any taxes or debts owed are paid. If there’s a written will, the court checks to ensure that it is valid, and then makes sure the directions in the will are carried out.
To do this, the probate judge works with an executor or personal representative, whether or not a will is in place.
The steps of the
probate process are:
- Determine if a will exists and is valid
- Determine the heirs and beneficiaries
- Establish a value of the deceased person's property and assets
- Take care of any outstanding financial responsibilities the deceased person had (settle debts)
- Inheritance funding: Transfer the assets and property to the heirs and beneficiaries
Types of probate
Both probate (when there is a Will) and letters of administration (where the deceased is without a Will i.e intestate) are grants which authorise the next of kin or executor to manage the estate and distribute assets according to the Will or law. The government states that grant of probate or letters of administration are usually granted within 16 weeks of an application being submitted. However, it also states that it may take longer depending on the complexity of the case and the additional information required.
