The five stages of probate

Posted on July 14th, 2017

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A grant of probate is a formal order from the Supreme Court which provides authority to the executor(s) appointed under a Will to carry out the administration of a deceased estate. Generally speaking, an application for probate is dealt with by paperwork only and does not require court appearances, however it is not necessarily a simple process.

Usually, an application for probate and the associated administration of an estate involves five steps. These are as follows:-

Step One

Making initial enquiries in relation to the assets and liabilities of the estate and publishing a notice of intended application for probate.

Step Two

Preparing and executing the application for probate, together with supporting evidence, and filing the documents with the Supreme Court.

Step Three

Receiving the grant of probate, preparing and executing the documents required to realise assets and commencing administration of the estate.

Step Four

Realising the assets of the estate and attending to payment of liabilities of the estate.

Step Five

Distributing to the beneficiaries in accordance with the will.

Where an estate is contested the process becomes more complex and will involve many more steps.

If you are an executor, it is important that you obtain legal advice about your duties and obligations. Deceased estates are a growing area of law and can be fraught with danger if executors are not properly advised.

Lana Black, Solicitor at Mullane & Lindsay Solicitors, NewcastleLana Black is a Solicitor at Mullane & Lindsay Solicitors and practices extensively in estate planning and administration. If you require any assistance in this area please contact Lana Black to arrange a consultation or contact our Newcastle office.

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