'Probate' comes up a lot after someone dies, but it's rarely explained clearly. In simple terms, probate is the court's official confirmation that a Will is valid, and that the named executor has the authority to act on it.

Why it exists

Banks, land title offices, and other institutions need proof that the person managing an estate (everything someone owned) is legally allowed to. Probate is that proof. It protects everyone, the executor, the beneficiaries, and the institutions involved.

Do you always need it?

Not always. Smaller or simpler estates, or ones where assets are jointly owned, sometimes don't require probate. It depends on what the person owned and how it was owned. This is worth checking early, so the executor knows what's actually needed.

How the process generally works

The executor applies to the Supreme Court, provides the original Will and a death certificate, and the court reviews the application. Once granted, the executor can access accounts, transfer property, and distribute the estate according to the Will.

How long it takes

Timeframes vary depending on the estate and the court's current workload. Simple applications can move relatively quickly. More complex ones, or ones that are contested, take longer. Your lawyer can give you a realistic idea once they know the details.

You don't have to work this out alone

Probate involves specific legal steps, and it's easy to miss something if you're doing it for the first time, especially while grieving. We guide executors through the whole process, one step at a time.

If you need assistance with a deceased estate and understanding the process of probate, contact our office to make an appointment.

This information is general in nature and does not constitute legal advice. For advice specific to your circumstances, contact us today.