Law of Estate
What is Grant of Probate?
What is Grant of Probate?
What Is Grant Of Probate (GP)?
The Grant of Probate (GP) is a legal document issued by the High Court that confers authority upon the Executor(s) designated in a Will. With the GP in hand, the named Executor(s) are empowered to manage and distribute the assets and affairs of the deceased individual’s estate according to the instructions outlined in the Will.
If There Is A Valid Will (Testate)
When a valid will exists and there is a willing and capable Executor, the deceased person’s estate will be distributed according to the instructions outlined in the will. Here is the process involved:
- Locating the Will and Executor: Initially, family members will attempt to locate and identify the deceased person’s estate and the Executor named in the Will. The Executor, in turn, may engage a probate lawyer to apply for the Grant of Probate (GP) from the High Court. The term “Testator” refers to the person who wrote the will.
- Gathering Required Documents: Before applying for a GP, the Executor must gather essential documents such as the Will itself, the death certificate, and a list of the deceased person’s assets and liabilities. These documents form the basis for administering the estate. The specific documents required for the GP application may vary.
- Grant of Probate: Once the GP is obtained, the Executor has a duty to collect the deceased person’s estate, settle outstanding debts and liabilities, including estate administration fees, income taxes, and funeral expenses. Afterward, the remaining estate is distributed in accordance with the Testator’s will.
It is important to note that the process may vary depending on the specific legal requirements and practices in the relevant jurisdiction. Seeking professional guidance from a probate lawyer is recommended to ensure compliance with applicable laws and a smooth administration of the estate.
What are the documents needed to apply Grant of Probate?
To apply for a Grant of Probate, the Executor will submit an application to the High Court. The duration of the process typically ranges from 1 to 2 months, depending on the size of the estate.
Once the Grant of Probate is obtained, the Executor gains the authority to collect and manage the deceased person’s assets, with the primary objective of settling the debts and liabilities of the deceased.
The following documents are generally required when making an application for a Grant of Probate to the High Court:
- Death certificate of the deceased individual.
- The original Will of the deceased.
- Identity card (IC) of the Executor.
- List of Beneficiaries along with their identity cards (IC).
- Comprehensive list of the assets owned by the deceased.
- List of the liabilities and debts of the deceased.
- Any additional documents that the lawyer may request throughout the application process.
It is important to note that the specific requirements may vary depending on the jurisdiction and the circumstances of the case. Seeking guidance from a probate lawyer is advisable to ensure that all necessary documents are properly prepared and submitted.
Written by Lawyer Khoo