Probate is an order from the High Court which confirms a) the identity of the person who has died, and b) the identity of the people who will bear the responsibility of administering the deceased person’s estate. These people are called the executors.
When is it needed?
Probate is needed when a) the deceased person’s estate looks as though it is going to be worth more than $15,000.00, and b) the deceased person had a Will. If they had more than $15,000 but they didn’t leave a Will, then Letters of Administration are needed (you get these from the High Court too).
Why is it needed?
Probate is needed by the executors so that they can deal with the deceased person’s assets – i.e. the estate. Without Probate, the executors can’t sell property, close bank accounts, or do much of anything else in respect of the estate. At least, not legally…
How do you get it?
The executors of the estate – with the assistance of the lawyers who act for the estate – apply to the High Court. How straightforward the application end up being, will depend on other circumstances that surround the estate.
For any questions regarding Probate, give us a call 03 477 8080.