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What is Probate and how does the process work?
Areas Of Law
Probate is official recognition that the Will is legally valid. We apply to the Supreme Court on your behalf for what is termed "a grant of probate". The grant is a document issued by the Supreme Court recognising your authority to deal with the estate.
Why is probate needed?
The main reason is that some companies, banks and organisations holding assets of the Estate require to sight the grant of probate prior to releasing the assets.
How is a grant of probate obtained?
- Obtain a certified copy of death certificate and original will.
- Prepare an application in prescribed form ("the application") to the Supreme Court for grant of probate.
- Prepare notice of intention to apply for probate.
- Advertise the notice of intention in the newspaper.
- Serve copy of notice on Public Trustee.
- Prepare affidavits supporting application and of publication.
- File in the Supreme Court.
How long does it take to obtain Probate?
From the time that we receive the death certificate and will (and assuming the executors are available to sign the application and authority) the period for obtaining a grant of probate should be about 4 to 6 weeks. Once the probate is received it is provided to the various companies, banks and organisations holding assets of the Estate.