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11. What should
I do after the Petition is granted?
After the Petition has been granted, you (the petitioner) should:
a) Settle estate duty matters
b) in the case of Letters of Administration, execute an Administration
Bond with 2 sureties, if any, to apply to extract the grant.
12.
How do I settle estate duty matters?
Before the grant can be extracted, estate duty matters must first
be settled.
If your estate is non-dutiable, you should file Forms SC direct
to the Court.
If your estate is dutiable, you should file an Estate Duty Return
Form ED to the Estate Duty Department.
The Commissioner for Estate Duties will assess the value of the
estate and inform you whether estate duty is payable on the estate.
The Commissioner for Estate Duties will than forward the Schedule
of Assets to the Court for the grant of Probate or Letters of Administration
to be extracted by you.
The grant can only be extracted when the Commissioner for Estate
Duties has certified that no estate duty is payable, or that it
has been paid, or that he has consented to the postponement of the
payment of estate duty.
To determine whether you can file the relevant documents direct
to the Court, you should use the Checklists form.
All the relevant forms can be downloaded from our website http://www.karachieast.org
13.
How do I execute an Administration Bond?
In the case of Letters of Administration, you have to file an Administration
Bond to extract the grant. The Bond has to be signed by you and
your sureties, if any.
Where any beneficiary is under 21 years of age, or the value of
the estate exceeds ---------- you are required to furnish 2 sureties
to the Administration Bond. This is to ensure that you administer
the estate properly. The sureties must have assets worth the total
value of the deceased's estate.
After the Registrar approves the particulars of the sureties, they
have to affirm or swear an affidavit certifying their worth. If
you cannot get any person to stand as surety, you may apply to the
Court to dispense with the sureties. You will have to affirm or
swear an affidavit setting out the reasons for your application.
You will also have to obtain the consent of all adult beneficiaries
and creditors to the dispensation of sureties. The Court has the
discretion to dispense with one or both sureties.
14.
How do I extract the grant?
After the estate duty matters have been settled, you may apply to
extract the grant. This is done by way of a praecipe and filing
of the Administration Bond (if any). Before filling the praecipe,
you should conduct a search on the probate caveat book to ensure
that there are no caveats in force against the estate.
15. Must I engage a lawyer?
You may wish to engage a lawyer if the estate of the deceased is
complex or if you are unfamiliar with the legal procedures such
as preparation and filing of numerous documents, and attending Court.
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