If a family member has recently passed away, you may find yourself in need of probate. In the event that the deceased did not leave a will, you may need to obtain a grant of letters of administration. This official document grants the loved ones of the deceased the authority to manage the deceased’s estate. Individuals can apply for probate either independently or with the assistance of a legal professional. Probate is the term commonly used to refer to the process of obtaining the authority to handle the affairs of a deceased individual.
However, terminology may vary depending on whether the deceased individual left a will and the jurisdiction in which they resided.
Exploring the Probate Process
If the deceased left a will, the appointed administrator or executor will apply for a Grant of Probate. This grant is a legal document that confirms the executor’s authority to manage the assets of the deceased, including their finances, belongings, and property. This process is known as estate administration. The executor uses the grant of probate to demonstrate their right to handle the deceased’s finances, access funds, and distribute the assets according to the terms outlined in the will.
In cases where there is no will, a close relative of the deceased can apply to serve as the estate’s executor. This process is referred to as the Grant of Letters of Administration. If granted, these individuals are known as administrators of the estate. The grant of letters of administration is a legal document that confirms the administrator’s authority to manage the deceased’s assets. In situations where the beneficiary is a minor, the law may allow multiple individuals to serve as estate administrators.
Essential Documents for Probate
Terms such as grant of representation and personal representatives may also be used. A personal representative can be an administrator or executor, while a grant of representation encompasses grants of letters of administration and grants of probate. A grant of probate is crucial when the deceased leaves behind an estate that includes financial assets, insurance policies, stocks, and property. In most cases, financial institutions and banks will require the grant of probate before transferring control of the estate assets. However, for smaller estates, organizations like building societies and insurance companies may release funds to beneficiaries without the grant.
Prior to applying for probate, it is important to gather necessary documents to assess the liabilities and assets of the estate in accordance with the deceased’s will. The initial step in the probate process involves collecting documents such as:
- Original copy of the deceased’s will, if available
- Bank statements
- Original death certificate
- Dividend statements for shares
- Records of all assets owned by the deceased and their values at the time of death
- Superannuation fund statements
- Title deeds
- Vehicle registration documents
- Details of the deceased’s debts and liabilities
- Documentation related to household items, such as insurance policies and purchase receipts
- Copies of agreements where the deceased owed money, including mortgages and loans
- Mortgage statements
- Credit card statements
- Unpaid bills at the time of death
Responsibilities of an Executor
When it comes to obtaining these documents, the executor named in the will can gather them directly or seek assistance from a legal professional. Probate lawyers can help identify the specific documents required for the probate application and assist in obtaining them if they are not readily available.
Final Thoughts
With all the necessary documents in hand, it is essential to organize and securely store them for submission with the probate application. Executors must submit the original death certificate and will to the probate registry along with the application. It is important for executors to understand that any alterations or damage to the will or original documents could complicate the probate process.
