Probating a Will
What does it mean to probate a Will?
Probating a Will means that a court is being asked to
- give a person the authority to act as the estate trustee of an estate; or
- confirm the authority of a person named as the estate trustee in the deceased’s will
- formally approve that the deceased’s will is their valid last will.
In order to probate a Will, you will need: a copy of the original Will, and an affidavit of execution of one of the witnesses. Other documents are required as part of the probate application process, and Estate Administration Tax will need to be paid as well.
When does a Will need to be probated?
Typically, a Will is required to be probated when there are assets for which an estate trustee requires probate in order to manage or distribute. The most common situations include
- real property which was owned by one individual or if there is more than one owner, the ownership was held as tenants-in-common
- bank and/or investment accounts which have no designated beneficiaries or surviving joint account owners
- safes which are located within a major banking institution
There are other situations where it may be a good idea to have a Will probated, such as situations where there may be uncertainty surrounding the validity of a Will.
How long does it take for a Will to be probated?
The amount of time required to probate a Will varies depending on the court where the probate application is being submitted, as well as the specific circumstances of the probate application. For example, if you need to include a motion to dispense with a bond for an estate trustee, this requires an order signed by a judge, and therefore, usually takes more time.
Conclusion
If you need to apply for probate, or if you are the executor of an estate, and need guidance on the next steps to take, we are available to assist.