Probate of a Will

What is a Probate?

A probate is:

  • a copy of a will
  • which has been certified under the seal of a Court (Judge or Registrar)
  • granting that the estate of the testator be administered
  • by the executor or person to whom the certificate has been granted.
The probate hence comprises of the copy of the will and the certificate of grant together.

Why is the Probate necessary?

It is  a certificate showing that the content of the will had been proved on a certain date.

Who can apply for a probate?

Only an executor of the will can be granted a probate.

Is a Letter of Administration different from a Probate?

Yes. A Letter of Administration is granted to a person who becomes the Administrator of the property of a person who has died intestate (without leaving a will).

It also comprises of a letter from the court, granting permission to deal with the property of the intestate and a certified copy of the will.

Is a Succession Certificate different from a Probate?

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Probate

Succession Certificate

Letter of Administration

Who can it be granted to only to the executor as named in the will any legal heir of the deceased Any person (usually a beneficiary) when no executor has been appointed or the person dies intestate (without a will)
What is the purpose Entitles the administrator to all the rights of the intestate
What does it state
What does it state
What does it state
What does it state

 

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