What is Probate? This is one of the most frequently asked questions we encounter in our legal practice.

Probate is the legal process through which a deceased person's will is validated, and their estate is administered. The probate process is overseen by the Probate Office, which is part of the High Court. The process can vary in complexity depending on the size and nature of the estate, as well as whether there are any disputes among beneficiaries or challenges to the will.

This process involves:

1. Validation of the Will: The Probate Office examines the will to ensure it is valid and was created in accordance with the provisions of the Succession Act 1965.
2. Appointment of an Executor or Administrator: If the will names an executor, the Probate Office will formally appoint them to manage the estate. If there is no will or no executor is named, the Probate Office will appoint an administrator.
3. Making a list of Assets and getting them valued: The executor or administrator must compile a detailed inventory of the deceased's assets and have them valued.
4. Payment of Debts and Taxes: The estate is used to pay off any debts and taxes owed by the deceased.
5. Distribution of the Remaining Assets: Once debts and taxes are cleared, the remaining assets are distributed to the beneficiaries as specified in the will or according to the laws of intestacy if there is no will.