Probate and Letters of Administration

Before the estate of the deceased person ie everything they owned, can be realised and distributed among the persons entitled to share it, a grant of Probate or Letters of Administration is usually required.

Probate - where the deceased has left a Will and the Will is proved to be the lawful act of the deceased person then the District Probate Registry (of the High Court) grants probate to the executors named in the Will enabling them to administer the estate. Click here for more information on Probate Services

Letters of Administration - where there is no Will, the person is said to have died "intestate" and here application must be made to a special division of the High Court usually by the next of kin. This can be dealt with either through a solicitor or directly by the local probate office (see list at back of this brochure). The Court, when satisfied as to the claim of the applicant, issues the document known as Letters of Administration appointing the claimant to administer the "intestate" estate.

Consult a Solicitor

In most circumstances it is advisable for you to consult a solicitor both to relieve you of many worries and to take control of wills, problems of intestacy, outstanding debts, grants and letters of administration. A solicitor could save you a great deal of unnecessary trouble and eventually save you money.

The Will

If it is known that a Will was made it is important that the contents be ascertained as soon as possible after death as it may contain instructions regarding the funeral arrangements.  A Will may be among personal papers or with the bank or solicitor for safe keeping. If a solicitor has been consulted by the deceased in recent past it is important that you contact them without delay.