Probate Explained

Probate is a word that usually only comes into our vocabulary when we are faced with the death of a loved one, and it can be quite a daunting thing to contend with at a difficult time.

Simply explained, probate is the process of dealing with the affairs of the deceased according to the law.

Appointing someone to handle the estate

When a person dies someone has to deal with the winding up of their estate, which is the collective term for their money, property and other such assets.The person designated to deal with the estate will either be appointed in the will in which case he or she is known as the Executor or if there is no will then an Administrator is appointed.

Registration and legal issues of Probate

It is the role of the Executor/Administrator to collect in all the money, pay all the debts including any inheritance tax due and distribute the estate to those people entitled to it under the will or the Rules of Intestacy. In order for the Executor/Administrator to do this they will first need to obtain what is known as a Grant of Representation from the Probate Registry of the High Court. This is a legal document authorising them to deal with the estate.