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Self Help Center > Probate (Inheritance) Issues >Probate Faqs (Pg.1)

 Probate FAQs  

1. What happens to the property belonging to a person when he dies?

A person has to be appointed by the Court to take charge of the deceased person's property (collectively known as his estate).
a. If there is a Will
If the deceased person has made a Will, he would have appointed a person(s) called an executor(s) to take charge of his estate.
b. If there is no Will
If the deceased person died without having made a Will, a person would normally have to be appointed as an administrator(s) to take charge of the estate.
In order to be recognized legally as the executor(s) or administrator(s) of the deceased person's estate, you would have to apply for Probate or Letters of Administration respectively.

2. What is Probate?
It is a Court Order authorizing the executor(s) appointed by the deceased person under his Will to administer his estate according to the directions contained in his Will.

3. What are Letters of Administration?

It is a court order authorising the person(s) named in it to administer the estate of the deceased person in accordance with the law.

4. Can I apply for Probate or Letters of Administration?

You can apply for probate if you are the executor(s) named in the Will of the deceased person.

5. Who can apply for Letters of Administration
In the case of the Letters of Administration, you and any of your family members are entitled to apply to be appointed administrator(s). However, the law gives priority to certain members of the family over others, depending on the marital status of the deceased and his family composition. For example, if the deceased person was single, his surviving parents will have priority over his brothers and sisters to be the administrators; if the deceased person was married with children, his spouse will have priority over the children to be his administrator.

Please note that the law requires at least 1 administrator to be appointed where there is/are one or more minor beneficiaries. A minor beneficiary is any person below 18 years of age who has a share in the estate. This is to protect the minor beneficiary's interest in the estate.
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