How do you manage the property of a dead person?
Where a person dies without a will, it is necessary to apply to the court to appoint a person as an administrator.
Who can apply for probate?
Renunciation of right to apply for letter of administration or probate.
The documentation required.
How do you manage the property of a dead person? top
The court will have to appoint a person to take charge of the deceasedís property. If the deceased have left a will, it is likely to have appointed an executor.
Where a person dies without a will, it is necessary to apply to the court to appoint a person as an administrator. top
A probate is a court order authorizing the executor (appointed under the will) to administer the deceased personís estate according to the directions in his will.
A letter of administration authorizes the administrator to administer the deceased persons
Who can apply for probate? top
Probate - The executor appointed in the will may apply for probate. The costs of the application will be paid out of the deceasedís estate.
Letter of administration Ė The right to appoint for letter of administration will be based on the order of ranking in the Intestate Succession Act. For example, if the deceased person is married, his wifeís right to apply will rank before his childrenís. If the person is single, his surviving parents will have priority over his siblings to apply for Letter of Administration. See table
Renunciation of right to apply for letter of administration or probate. top
A person named in the will may renounce his rights to apply for probate. Similarly, a person entitled to apply for letter of administration may renounce his right to apply.
The documentation required. top
An originating summons together with a statement of requisite information.
A affidavit verifying the information in the Statement.
The administration oath by the applicant and co-administrator.
Certified true copy of the death certificate
The original will.
In the case of letter of administration, consent of co administrator and renunciation by personsí having earlier or equal right to apply for letter of administration.
These documents are to be filed. A probate or letter of administration is granted if the court is satisfied that the papers are in order.