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When a person dies somebody has to deal with their estate (money property and possessions left) by collecting in all the money, paying any debts and distributing what is left to those people entitled to it. Probate is the court?s authority; given to a person or persons to administer a deceased person?s estate and the document issued by the Probate Service is called a Grant of Representation. This document is usually required by the asset holders as proof to show the correct person or persons have the Probate Service?s authority to administer a deceased person?s estate. The Probate Service forms part of the Family Division of the High Court. It deals with ?non-contentious? probate business (where there is no dispute about the validity of a will or entitlement to take a grant), and issues grants of representation either: Probate (when the deceased person left a valid will and an executor is acting) Letters of administration with will (when a person has left a valid will but no executor is acting) or Letters of administration (usually when there is no valid will). These grants appoint people known as personal representatives to administer the deceased person?s estate.
Some of the decedent's property may never enter a probate property sale because it passes to another person contractually such as the death proceeds of an insurance policy insuring the decedent or bank account that names a beneficiary or is owned as "payable on death", and property (usually, again, a bank account) legally held as "jointly owned with right of survivorship". Property held in a living trust also avoids a probate property sale. In these cases, the personal representative provides documentation to the court, and the property is prevented from entering probate.
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The first task of the personal representative after opening the probate case with the court is to inventory and collect the decedent's property. Next, the personal representative pays any debts and taxes that must be paid. Finally, the personal representative distributes the remaining property to the decedent's beneficiaries, either as instructed in the will, or per the intestacy laws of the state. Throughout this process there may be disputes. Anyone may make a claim on the estate before the probate property sale, either by petitioning the personal representative or the court. If the claim is rejected, the claimant may file a lawsuit to attempt to prove the claim and collect money. Any dispute generally causes the court to treat the probate more formally, and it may reach the point where the court must approve every transfer of every piece of property. The personal representative must understand and abide by the fiduciary duties (e.g., duty to keep monies in interest bearing account, duty to treat all beneficiaries equally, etc.) placed on him or her. Disregard of the fiduciary duties may allow interested persons to petition for the removal of the personal representative and hold the personal representative liable for any harm to the estate.
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