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Probate is the process of officially proving the validity of a Will.
When a person dies someone else has to deal with
their estate whether they died with or without a Will. The Probate
Registry acts to confirm who t is necessary for the person who will administer
the Will to fill out certain forms enabling the
Probate Registry to confirm that the Will is valid and legally binding.
If a person dies intestate (without a Will) there will
be no named executors to carry out the wishes of the Will. Somebody
else will therefore have to take responsibility and in order to do
so legally they will have to obtain letters of administration. The same would apply to someone named as an executor but is unable or unwilling to take on the
responsibility.
On the other hand, if there is a Will and there are
named executors, then they will need to obtain a grant of probate.
Either way, the probate office must grant certain documents before you
proceed.
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