Step 06 - Apply for Grant of Probate
Applying for a grant of probate or letters of administration is essential for managing and distributing a deceased person's estate. The process involves submitting the necessary forms and documents to the probate registry to obtain legal authority.
Apply for Letters of Administration
If the deceased died without a will (intestate), applying for letters of administration allows a close relative to manage and distribute the estate. This grant gives the administrator legal authority similar to that of an executor.
1
Start by examining the deceased's will, which typically specifies beneficiaries and how assets should be distributed among them.
2
Primary beneficiaries are those named to receive assets directly. Contingent beneficiaries receive assets if primary beneficiaries are deceased or unable to inherit.
3
Be aware of legal guidelines and requirements governing beneficiary designations, including any state-specific regulations.
4
Ensure that beneficiary designations are clear and up to date. This includes confirming names, addresses, and any specific conditions or instructions outlined in the will.
5
Review other estate planning documents, such as trusts or life insurance policies, which may designate beneficiaries separately from the will.
6
Seek advice from legal and financial professionals, especially if there are complex family dynamics, disputes, or questions regarding beneficiary rights.
7
Document decisions regarding beneficiaries clearly and update necessary legal documents accordingly. Communicate with beneficiaries to inform them of their entitlements.
8
Regularly review and update beneficiary designations as life circumstances change, such as marriages, divorces, births, or deaths in the family.
Obtaining a grant of probate or letters of administration is a critical step in estate administration. For those with a will, probate confirms the executor’s authority to distribute assets. Without a will, letters of administration appoint an administrator to manage the estate. The process ensures that the deceased’s wishes are honoured or that the estate is distributed according to the law. This legal framework helps prevent disputes and ensures a fair distribution of assets.
Probate is the legal process of validating a deceased person’s will and granting the executor authority to administer the estate.
Letters of administration are granted when a person dies without a will, allowing an appointed administrator to manage and distribute the estate.
The executor named in the deceased’s will can apply for probate.
Who can apply for letters of administration?
The closest eligible relative, such as a spouse or child, can apply for letters of administration if there is no will.
