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| Legal Subjects > Estate Planning > Probate | |||||
Main Category Related Topics WHAT IS THE PROCEDURE TO OBTAIN A PROBATE ?The first step is to extract the Death Certificate of the deceased person from the Registration Department of Births and Deaths. The will shall then be obtained and and the validity be checked against the Wills Act 1959 after which certified copy of Death Certificate and Will must be made. The executor has to petition for Probate in Form 168 verified on oath in an affidavit. Where the executor applying for Probate is the substitute executor, Form 169 should be provided and any minor beneficiary involved has to be stated. Where the application for Grant of Probate is made after 3 years from the death of a deceased person, reason for the delay has to be stated too. Where the will does not contain an attestation clause, the Registrar requires an affidavit from attesting witnesses or any person who was present at the time of execution of the will or any person who can show that the signature on the Will is that of the testator. The petition shall be filed in together with the will, certified copy of the will and Death Certificate. Once, probate is granted, executor may extract the probate and provide Certificate of Payment or Exemption of Estate Duty. Thereafter, the executor shall collect all the assets and give valid receipt of all payments of debts due to testator's estate. The executor shall also advertise in leading newspaper for the testator's creditors to submit claims within 2 months. Once the said period as advertised in newspaper has expired, the executor can then proceed to pay the debts of the testator. After the debts have been settled, the executor will then distribute out of the residue of the estate to the beneficiaries named in the will and in accordance with the terms of the will. Where the property is movable, the executor will deliver such property and request for acknowledgment of receipt. Where the property is immovable, the executor has to apply for the transmission of the property to the executor and later vest the property to the beneficiary. Finally, after the distribution of the properties, the executor will prepare the accounts of distribution.
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