A grant of probate is a court order given to the executor appointed by the deceased in his will to administer his estate.
Before filing the application, make sure that the will either expressly or impliedly appoints executors. It is best to clearly state the executors. It is also vital to ensure that the formal requirements for validity of the will are satisfied.
To apply for a grant of probate, you will need to apply with an originating summons less than 6 months after the death of the deceased. If the application is made more than 6 months after the death of the deceased, you will have to include a paragraph to explain the reason for the delay.
The originating summons must be filed together with the following documents:
- Statement in Form 172 in Appendix A to Rules of Court
- One certified true copy of the will
- The administration oath
- For applications for deaths occurring on or after 15 February 2008:
- For applications for deaths occurring before 15 February 2008:
- One certified true copy of the death certificate
- The death certificate is not just the slip of paper that you are given at the hospital where the deceased died; this is an extract from the Registrar of Births and Deaths
- If the certificate is not in English, then it must be accompanied by a translation by a court interpreter
- If it is not possible to obtain the death certificate, obtain an order of court stating that the deceased is presumed dead with effect from a certain date
- A certificate in Form 173 to ROC that confirms that the record of caveats was searched before the OS was filed
- Renunciations of executors who do not wish to apply for grants of probate
After these documents are filed, an affidavit verifying the information in the Statement must be filed within 14 days. Original death certificate and original will must be submitted to the Registry by 4.30pm on the next working day for verification.
