So you’ve been appointed as executor of a will – What next? The death of a loved family member or friend is invariably a difficult time, and without a properly implemented estate plan, it can become an unfortunate burden on the executor of the deceased person’s estate – once again reaffirming the importance of fulsome estate planning that can minimise distress at that unfortunate time.
Where there’s no will, it means that there cannot be an executor – because an executor is the person appointed by the will to carry out the instructions contains in the will. Where there’s no will, the scenario is called an “intestacy”, and the deceased person is said to have died “intestate” – that is, died without a will.
So you know what probate is (and if you don’t, see our article “What is Probate” here). The next question usually is, "Do I need a grant of probate?"
At its most basic level, a grant of probate is simply a Supreme Court order, given to an executor, that identifies the executor as the person to deal with the deceased person’s estate.