A probate is a legal document that is issued by the supreme court that confirms the authenticity of a Will and grants the executor as declared by the will the legal right to administer the estates i.e., property of the deceased in whichever way they deem. Basically, a probate application is a process by which a Will with proper backing is proved and accepted as the official will of a deceased person. And once this said probate is granted, all claims regarding the Will are addressed and allow the distribution of the deceased’s estate in accordance with the will by the executor. This said executor then becomes responsible to collect and distribute assets and also pay debts as per the will.

Why do you need probate?

When a person dies, leaving behind the wealth that he/she earned in their lifetime, they would naturally want it all to be owned, managed, and utilized by their immediate family. And that’s exactly why they prepare a will that establishes who the legal owners of their overall wealth and property would be after their death. This said will is created in the presence of two witnesses by a testator and therefore has legal backing. But there are cases when this will is challenged on the grounds of the possibility of a forgery. The Supreme Court to ensure that something of this sort doesn’t pan out, and the concerned wealth doesn’t miss its rightful owners, mandates the executor who has been named in the will to submit a probate application which allows the Court to confirm the authenticity and legality of the will.

When you request a grant of probate, you have to submit all the required documents, and if the court is convinced and your request is not challenged by a third party, it gives the executor the authority and legal right to execute the will.

1. Will Contestations

If a deceased person’s will is contested in court, you would need probate backed by proper documents to claim its authenticity. Basically, a grant of probate allows you to prove the authenticity of a will.

2. High-value Assets

If the estate left behind by the deceased is of high value, then the executor named in the will has to submit a probate application to avoid the possibility of a forgery and therefore save the concerned wealth from ending up in undeserving hands.

3. Release of Shares

If the deceased owns the share of a company, the share won't be released unless the executor of the will submits a grant of probate.

In what circumstances is probate not required?

A probate is a legal requirement but there are cases when the will can be executed even without a grant of probate. Let’s have a look at the scenarios where a probate application is not required.

1. Joint Property

In case the estates mentioned in the Will are held as joint property then there is no need for the legal application. Simply because then the surviving owner legally becomes the sole owner and he/she can administer the said property in whichever manner they wish.

2. Low-value assets

If the estates of the deceased are of low value, then instead of having to submit a probate application the executor can get administration rights simply by submitting a copy of the deceased’s death certificate and a copy of the will.

3. Absence of Will

When a person dies intestate, i.e., without a will, instead of submitting a probate application to claim rights over the deceased’s property they have to apply for a Letter of Administration with the Supreme Court.

4. Insurance Claims

In the case of an insurance claim, the amount will directly go to the assigned beneficiary. There is no need for a probate application in this case.

While this is the basic criterion, what’s considered to be high or low-value assets vary from institution to institution and also from time to time, so determining which category you fall into is of utmost significance when applying for probate. Also, in the case of movable assets, the guidelines might vary and you would have to contact the Department of Transport to enquire about the transfer of ownership.

So, it’s recommended that you engage with professional probate consultants who are versed in everything related to a probate application and could guide you through the entire process.

How to apply for probate?

While only the executor mentioned in the will is legally allowed to submit the application, there are several ways to proceed with a probate application:

1. You can submit the application in person with all the required documents like a death certificate and a copy of the will at the Probate Office of the Supreme Court.

2. You can send it to the probate office via post or submit an online form.

3. Engage with a lawyer who can proceed with the probate application on your behalf.

4. You can also choose to engage with a trusted team of probate consultants and seek their assistance throughout the process.

Documents required for a probate application

1. Valid will

2. Death certificate

3. Documents related to property and assets of the deceased.

4. Certificates related to current debts and liabilities

So, this is all that you need to know about what probate is and why exactly do you need it, if it still feels like a complicated path to tread on your own, you can get in touch with our experts at Probate Consultants and have them guide you through the entire process with guaranteed approval in the first go.

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