WHAT IS PROBATE?

Probate is the whole procedure of lodging, proving and registering in the Court the last Will of a deceased person to give you a right

to represent deceased. The property of the deceased is called an estate and the estate could be of two types, where the deceased dies leaving behind a last will and testament the estate would be said to be a Testate Estate but in instances where the deceased dies without a will the estate is an Intestate Estate and would be governed by the laws of the state or province in which the deceased estate is situate at.

The last will of the deceased person where he died testate is usually lodged in by an executor of the Will who administers the estate and handles the disposal of their assets and debts. In order to get authority to do this he usually need to obtain a legal document called a ‘Grant of Probate’.

The need for this legal document is that they are instances where the deceased might have more than one will so in order to ascertain which is the last will and testament of the deceased the document is needed. In some instance the deceased kin fearing that the will might not favour them would go and make up fake will.