Grants of Representation
A Look at the Estate Process
When someone dies and leaves behind any assets an estate process will be required in order to legally administer their estate. This can either be an application for:
(1) A Grant of Probate
(2) Letters of Administration
(3) Letters of Administration with Will Annexed
It is important to note that the Non-Contentious Probate Business Rules provide a time limit of three years from the date of death of the deceased for an application to be made to the Probate Registry for the administration of the estate. Failure to comply with this timeline would require that an Affidavit of Delay be produced explaining the reason for the failure to file the application within the stipulated time frame. We will explore each of the aforementioned grants in turn.
Grant of Probate
If someone dies leaving a valid Will, then the Executor of that Will will be required to apply for a Grant of Probate. The documents required are:
The Application
Executor’s Oath/Affidavit
Original Will
Affidavit of due execution- prepared by one of the witnesses to the Will
Inventory of all the assets contained in the Will together with their value.
Certificate of Search-This is provided by the Probate Registry after a search is conducted in the Depository of Wills
Grant of Letters of Administration
Where someone dies intestate, i.e. without a valid Will, the applicable Estate process would be an application for Letters of Administration. This area of law is covered primarily by the Administration of Estates Act Chap 9:01. The first thing to be determined would be who is to be the proper applicant.
The applicant is referred to as the Administrator. If someone died leaving a spouse and children, the spouse would be the proper applicant. However, the assets would be distributed with 50 % going to the surviving spouse and the remaining 50 % percent being split among the children in equal shares. You will need to consult with an Attorney-at-Law in order to be advised as it relates to what would be applicable in your situation.
Documents Required for Letters of Administration
The Application
Administrator’s Oath
Birth or Marriage Certificate of Administrator (as required)
Death Certificate of Deceased
Consents of other persons with a superior right to apply (where applicable)
Inventory of Assets left by deceased
Certificate of Search
Letters of Administration with Will Annexed
If your relative or family member dies with a valid Will but the named executor is unable to act or has died before the person who made the Will, then the application to be made would be for Letters of Administration with Will annexed.
Documents Required for Letters of Administration with Will Annexed:
The Application
Administrator’s Oath
Birth or Marriage Certificate of Administrator (as required)
Consents of persons with a superior right to apply (where applicable)
Original Will
Inventory of Assets contained in the Will
Certificate of Search
Disclaimer: This article is written for informational purposes only and should not be construed as legal advice or as giving rise to an attorney-client relationship.
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