What is Probate?

Estate Planning & Administrationginachanglaw

What is Probate?




‘Probate’ is the process of dealing with the estate of someone who has passed away.

A deceased person’s estate includes property, money and other possessions.

If a Will has been left, this should name an executor who is the person or people responsible for distributing the estate as outlined in the Will. If there is no will, the estate is distributed according to the law of intestacy.

The probate process often involves a lot of complicated legal, tax and financial work which can be broken down into different phases.

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The Essentials of Probate

Start the Process

Probate is the legal and financial processes involved in dealing with the property, money and possessions (called the estate) of a person who has died. Starts the process by gathering the will and any documents relates to the assets like titles or bank statements.

Hire an Estate Lawyer

Before the next of kin or executor named in the will can claim, transfer, sell or distribute any of the deceased’s assets they have to apply for a grant of probate. Typically, an attorney-at-law is hired to make the application to the Court and handle the administration.

Apply for the Grant

The process of proving that a will is valid (if there is one) and confirming who has authority to administer the estate of the person who has died is culminated in what is known as a grant of probate (will) or letters of administration (no will) which is issued by the Court.

Distribution of the Estate

Once the grant of probate is issued, the distribution of the estate begins with the payment of any debts of the estate, payment of the estate duties & taxes.
The remaining assets are distributed to their respective beneficiary in accordance with the will.
Once all distribution is complete, a full accounting is filed with the Court.

hire a lawyer and bring them the will

gather any documentation of the assets

complete the application for probate

pay the taxes & any debts then distribute the assets.

What is an Estate?


Everything owned by a person who has died is known as their estate.
The estate may be made up of:

  • Money: in bank accounts or owed to the deceased

  • Shares & Stocks

  • Real property: house(s) or land(s)

  • Personal Property: car, jewelry, valuable art

  • Life insurance proceeds

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NOTE: The materials available on the blog and website are for informational purposes only and not for the purpose of providing legal advice. You should retain an attorney-at-law to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the contacts contained within the site do not create an attorney-client relationship between Chang Law and the user or browser.

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