What is Probate?

Probate is the legal process of settling the estate of a deceased person by distributing their property and other possessions.  More specifically, probate involves identifying and preparing a detailed inventory of the deceased person’s property, accounting and appraising the property, and then paying taxes and creditors with the deceased’s assets.

Who has responsibility for this?

If the deceased has a will it will name one or more executors whose responsibility is to carry out the directions of the will.  If there is a will, the assets are distributed according to the instructions of the will.

If there is not a will then by law the Probate Division of the High Court, or the District Probate Registry will appoint an administrator and grant him or her letters of administration.  This administrator performs a similar role to the executor of a will but, where there are no instructions in a will, they must distribute the estate of the deceased according to rules laid down by statute and common law.

Next Steps

1         Obtain a Death Certificate
2         Apply for Probate or letters of administration
3         Identify and Value deceased’s assets and debts
4         Transfer assets according to will or law
5         Complete Probate

What is Padstone’s role?

Padstones become involved at the stage where it is necessary to identify and value the deceased’s assets.  This stage involves the identification and valuation of any and all assets belonging to the deceased.  In many cases the most valuable element of a deceased’s estate is of course their property.  Padstones roll will be to value the property and if instructed will handle the sale of the property working closely with solicitors & executors.  At padstones we fully understand what a difficult time this can be.  We aim to provide a high level of service making sure to be efficient but empathetic at a very sensitive time.  We will carry the load of selling the property giving you one less thing to worry about.