How to apply for probate

A Probate is the court document that confirms that a will is valid. It gives the executor appointed under the Will the authority to administer the deceased’s estate. Probate is usually required before an estate can be administered in accordance with a Will.

This section is a basic guide as to the process of applying for probate including how it relates to the payment of Inheritance Tax.

We also examine the difficulties that could arise in an application for probate and in what circumstances should a solicitor be instructed.

In some circumstances, an executor may personally be held liable if the Will is challenged.

In the future we will be covering the following topics:

 

Who registers the death of the deceased and makes the funeral arrangements?

Written by Terry Johansson | 13th September 2013

The death must be registered with the Registrar of Deaths in the State in which the deceased died. There may be a time limit for this to occur so you should check the requirements of your State’s Birth, Deaths and Marriages department.  The registration can be delayed in some circumstances...

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Administering the estate and paying the beneficiaries

Written by Terry Johansson | 13th September 2013

It is the executor’s duty to: Lodge the deceased’s final tax return;  Call in all assets and sell any assets if required or directed by the Will; Click here for more information. Wind up any companies or continue to run them if permitted or required in the Will;  Pay all liabilities including...

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Do I need a solicitor – what could go wrong?

Written by Terry Johansson | 13th September 2013

It is not necessary to appoint a solicitor to apply for Probate for you. Some executors prefer to instruct a solicitor to act on their behalf for a number of reasons such as if the Estate is large or complicated, or if they simply do not have the time to...

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First things first – before the probate application

Written by Terry Johansson | 13th September 2013

There are some matters which must be dealt with before applying for a grant of Probate. The original Will of the deceased must be located and examined carefully. A Will typically appoints someone to act as executor and trustee; usually the same person acts as both.  It also names the...

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International Issues

More info on Wills
& Inheritance?

More info

LGBT RightsWhere do you stand?

More info

Making a Will

Find out what’s involved

More info

International Issues

More info on Wills
& Inheritance?

More info

LGBT RightsWhere do you stand?

More info

Making a Will

Find out what’s involved

More info