A recent matter of ours involved a woman who attended our office to discuss the recent passing of her husband. She was the sole executor and sole beneficiary of the Estate. She was grieving and struggling to discuss the Estate and to understand the process required to obtain legal authority to deal with the deceased’s assets (by obtaining a Grant of Probate).
The final step in the process of administering an Estate is the actual distribution of the Estate. This can occur once 6 months has passed since the date of death of the testator and also once the appropriate Notices have been published. This allows creditors a final chance to make a claim on the Estate and also provides the executor or administrator with protection against such claims.
Now that Probate has been granted the assets need to be obtained from all of the relevant asset holders. This process can seem cumbersome and timely as many different asset holders need to be contacted and the release of assets may take some time.
After going through the process of obtaining a Grant of Probate, you might be wondering why you have to publish another notice on the Supreme Court website.
This series of blog posts has walked you through the process of applying for a Grant of Probate. However, if your loved one has passed away without a Will (the law calls this dying ‘intestate’), a Grant of Probate is not available to you to distribute the Estate.