Probate is the court’s way of validating a will. It proves that the deceased has a will and that the execution of the will was done in accordance with the instructions of the will. If a will is not probated, then the ownership rights of the deceased person cannot be passed from him to his heirs and beneficiaries.
The executor
The executor is the person who was named by the testator in his will to oversee the distribution of his estate after his death. The executor is responsible for certain things such as
- Initiating the process of probate by filing a request to the probate court to commence probate so that the estate of the deceased can be distributed
- He locates and notifies the heirs to the estate of the deceased person of the commencement of probate
- He is responsible for settling creditors of the estate and also for ensuring that the estate is paid back all that it is owed.
- He takes an inventory of all the probate assets of the estate and files them to the probate court.
The duties of the executor go on and on but, before he can carry out these duties, he needs the court’s certification and clarification. This will grant him legal rights to access the assets of the deceased. For instance, banks and other financial institution will request to see a sealed copy of grant of probate issued to the executor by the court before they can grant him access to his financial assets especially when his accounts has huge amount of money.
What is probate grant?
The deceased before he died wrote a will and in the will, he named someone known as the executor who will see to other smooth distribution of his estate among his heirs and beneficiaries according to how he specified in his will.
The court on the other hand has to give its consent to the administration of the will by the executor to prove that the will is valid.
A grant of probate is a document which is issued by the court to grant authority to administer an estate in accordance with the will of the deceased person. Probate only proves that there is a will and that the will is valid, it does not determine or influence the content of the will.
When administering his duty, he will be required to show his official grant of probate before he can be granted access to some of the assets of the deceased person.
Grant of administration
If a person should die intestate, that is not having a will at death; it is demanded that an application be made to appoint a person who will administer the estate. This kind of application is for a grant of application.
Needed copies of grant of probate
There is no restriction or limit to the numbers of copies of grant of probate one can have. It is okay to have at least about three to six sealed copies available this will make the whole process faster as you can send different copies to different organizations at the same time.
FAQ
Question: does probate determine the content of a will?
Answer: probate does not determine the content of a will it only proves that there is actually a will and that the will is a valid one.
Question: how can a will be invalid?
Answer: there are several factors which can render a will invalid, if for instance during the process of probate the court finds out that there was foul play somewhere the will could be rendered invalid. Foul play may include coercion of the testator, intimidation, emotional influence. Also, if the court finds out that as at the time of wring the will the testator was mentally incapacitated, it can render the will invalid.
Role of an attorney
Legal issues should be given to legal professionals to handle. Trying to do certain things yourself or getting help online might not be the best option for you most times as you might make errors which are irreversible or which will be very expensive to reverse if at all they are reversible. This is why you should always contact an attorney for assistance and guardians. We offer consultation services and we are also open for hire. Do well to contact us today
