Death:
Probate
When someone dies his or her personal possessions, assets and liabilities must be identified. Liabilities and debts must be paid out of the assets (which may necessitate the sale of some or all of the assets) and the remaining assets divided under the terms of the will, if there is one, or under the rules of intestacy, if there is no will or if the will is not valid.
The person who arranges these matters is the Personal Representative of the deceased. If the deceased left a valid will the personal representative is called the Executor. If there is no will he or she is called the Administrator. There can be up to 4 executors or administrators.
The executor(s) appointed by the will are given authority to act by the High Court under the Grant of Probate. If there is no will the administrator will obtain a Grant of Letters of Administration from the High Court. Often the Executors will also be appointed as trustees of any trusts set up by the will.
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