When someone dies they usually leave behind a will, which contains their last wishes on how to divide up their assets or estate to the family they left behind. In order to obtain a grant of probate, the individual who will carry out the requests written in the will must apply to the probate office
Once the executor of the will obtains probate from the court they then can carry out the wishes of the deceased as stated in their will.
The word probate means “to prove” and this is why the executor of the will must apply to the probate office, to prove that the will is valid and just. The court will decide whether or not the will is valid or is the most up to date will.
Contesting A Will
If more than one will is presented in court, the judge will decide which one will be used. Once the will is proven to be valid, the court can then identify the executor of the estate, creditors with claims on the estate and beneficiaries of the estate. Only individuals who fall into one of the three categories can make requests of the court. All beneficiaries must be mentioned in the will, creditors must file a valid claim and if no executor is mentioned in the will, the court will choose one.
When someone dies you have a lot on your mind. In order to administer the deceased estate you need to apply to the Probate Registry for a ‘Grant of Letters of Administration.’ Final Duties can help you while applying for the grant of probate. Once you receive the grant, you have the ability to access the information of the deceased and distribute funds.
As assets of the deceased are identified, creditors and potential unknown creditors must be informed so they can make claims on the estate. Claims can be disputed but usually, they are not.
Most debts are easily processed and after all the debts of the deceased are paid off than any leftover assets are dispersed to the beneficiaries. After the process of paying debts of the deceased and distributing the remaining assets to the beneficiaries, the executor of the estate will make a final report.
The final report will explain how each part of the estate was divided and disbursed. If at any time a beneficiary feels that the executive’s performance is unprofessional, carelessly or commit fraud they can ask the judge to remove them; otherwise, the final report is made and the Probate passed.
