What is Probate?

Probate is both the process of dealing with the assets of someone who has died and, in some cases, the name of the legal grant of authority issued by the court to the executor.

When someone dies all of their assets and debts held in their name have to be valued. The value of the assets, less any outstanding debts, forms what is termed their "estate". The estate must then distributed according to the wishes of the deceased at stated in their Will. If no Will exists, the estate is distributed in accordance with the intestacy laws. Unfortunately any other wishes of the deceased, however strongly they may have been expressed, are not valid unless in a Will or a formal codicil to it.