Wth A Will
Probate is the process of proving and registering in the High Court the last Will of a deceased person. When a person dies, the executor of the Will shall administer the estate and handle the disposal of the assets and debts.
A Grant of Probate application normally takes a shorter time than a Letter of Administration application. Normally a Grant of Probate can be extracted within a minimum of 3 to 4 months, depending on the size of the estate.
A grant of Probate is obtained when the executor named in the Will makes the application to prove and register a Will and obtains formal authority to administer it.
Below are the list of necessary documents needed for the petition for Grant of Probate:
- Original Will
- Death Certificate
- IC of Executor
- List of Assets & Liabilities related documents.
If a beneficiary believes the executor is not fulfilling his legal obligations, he can appoint a lawyer to file for a petition to either demand a complete accounting of the estate’s assets or to remove the executor. An executor who is violating his duties can be held in contempt of court, which can carry fines and even a jail sentence. The beneficiaries can also pursue a civil lawsuit to recover lost or stolen assets, and legal fees.
You may choose to waive your rights through a lawyer to give up your rights to execute the estate administration.