When a person dies with a Will, however, the named executor has died, renounced, cannot be found or is unable or unwilling to act in the administration of the estate and therefore unable to apply for a Grant of Probate, the court will usually appoint the beneficiary who is entitled to the largest portion of the estate as the administrator.
How to apply
To begin with, the person applying for the Grant must provide the original death certificate and the original Will of the deceased.
Next, the court requires that the administrator gathers and details all the personal information of the deceased required for the application. This information includes an inventory of the assets left behind by the deceased, including any real property, shares and debts etc.
In providing the above information, we can then assist you with publishing a ‘Notice of Intention’ for the application. This must be filed 14 days prior to filing your originating motion. This is required as it provides notice for any interested parties or creditors to the estate to come forward and make a claim if they believe they have a valid interest in the estate.
Documents required to file your application
- Originating Motion for a Grant of Letters of Administration with the Will Annexed;
- Affidavit of Publication of Notice and Searches;
- Copy of advertisement;
- Affidavit of Administrator with:
- Death registration exhibit note (‘A’),
- Will with exhibit note (‘B’),
- Inventory of Assets and Liabilities exhibit note (‘C’);
- Order of the Registrar for a Grant of Letters of Administration with the Will Annexed
The above-mentioned documents constitute the entirety of the Letter of Administration with the Will annexed application requirements. Once all documents are completed and we have filed the application with the Court on your behalf, there are three likely outcomes from your application, instant approval, more information required or dismissal. The process of review can take from 10 days to a few weeks depending on how complex the estate is and whether the court needs more information.
At ASAP Lawyers, we are here to assist you in what can be quite a daunting process. We are able to publish your notice of intended application, review your documents to ensure the Court will be satisfied with your application. We can provide you with the ease of mind that your application will meet Court requirements and be conducted in a manner with efficiency and reliability.