Probate and Letters Of Administration

Question 1

What is probate?

Answer 1

Probate is an official verification of a Will; it is an authority to the executors named in a Will to carry out the instructions contained in the Will.

Question 2

When is probate granted?

Answer 2

Probate is granted only where there is a valid Will and executors were appointed in the Will.

Question 3

What happens if there is a Will but no executors were appointed?

Answer 3

The Personal Representatives will apply for Letters of Administration with Will Annexed.

Question 4

Who can be appointed as executors?

Answer 4

Any adult individual or company can be appointed as executors. A minor and a person of unsound mind cannot be appointed.

Question 5

What factors should be considered in appointing executors?

Answer 5

Factors include availability, honesty, reliability, ability to work together, knowledge, experience, and proximity to the estate.

Question 6

How can executors be appointed?

Answer 6

Executors can be appointed expressly in the Will, impliedly by the tenor of the Will, by operation of law, or by nominee.

Question 7

When will the court appoint executors?

Answer 7

The court will appoint executors if the person entitled to grant probate is a minor, has a mental or physical infirmity, or if there are no executors appointed.

Question 8

What is the maximum and minimum number of executors that can be appointed?

Answer 8

The maximum number of executors is 4 and the minimum is 1.

Question 9

What is double probate?

Answer 9

Double probate arises when an executor applies for a second grant of probate after a first one has been granted to other executors.

Question 10

What are the types of probate?

Answer 10

There are two types of probate: Common Form Probate (non-contentious) and Solemn Form Probate (contentious).

Question 11

What is the procedure to obtain non-contentious probate?

Answer 11

The procedure includes discovering the Will, applying to the Probate Registrar, and reading the Will in the presence of witnesses.

Question 12

What is required to apply for contentious probate?

Answer 12

Executors must apply for grant of probate or face a Notice of citation to prove the Will or renounce executorship.

Question 13

What are Letters of Administration?

Answer 13

Letters of Administration are issued to enable personal representatives to administer the estate of a deceased who died without making a Will.

Question 14

When are Letters of Administration issued?

Answer 14

They are issued when a person died intestate, when no executors were appointed, or if the appointed executors refuse to act.

Question 15

What documents are necessary for a grant of Letters of Administration?

Answer 15

Necessary documents include an application, death certificate, declaration on oath, administration bond, and bank certificate.

Question 16

What is the priority of persons entitled to a grant of Letters of Administration?

Answer 16

Priority is given to the surviving spouse, children, parents, siblings, grandparents, uncles, aunts, and creditors.

Question 17

What is Letters of Administration with Will Annexed?

Answer 17

This is issued when no executor is appointed in the Will or when the appointed executor cannot act.

Question 18

What is re-sealing of grants?

Answer 18

Re-sealing of grants is applied for when probate or letters of administration are granted in one state while there are properties in other states.

Question 19

What grounds can lead to the revocation of a grant of probate?

Answer 19

Grounds include discovery of a subsequent Will, fraud, the testator being found alive, or if an executor killed the testator.