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What happens after the Grant (of Probate) has been made?After you have collected the Grant from the Supreme Court Registry, you physically take it or send it to the various places where the deceased's assets are held. For instance, if the deceased had a bank account and bank requires the Grant, you take it across to the bank and they will place a copy of the document with their records. Any money in the accounts will then be paid to you to distribute in accordance with the will.Likewise, any land in the sole name of the deceased can be transferred to the beneficiary by taking the Grant to the Land Titles Office and making an application for that transfer. Any debts of the estate must of course be paid before the estate is distributed. The executor has a legal obligation to make those payments. In many ways the process is simply a lot of 'leg work' rather than being a difficult process. The same process applies where the deceased did not leave a will. Any close relative or a creditor of an estate can apply for a Grant. The only difference is that the law determines who is to inherit the estate. See the Schedule to the Administration and Probate Act (ACT) who inherits if there is not a Will. This is all there is to the administration of at least 75% of estates. Obviously peoples' affairs vary and they can become terribly complex, but it is not anything to fear and you can save costs by looking into doing the work yourself or perhaps by having a lawyer to guide you. There are however many questions which may arise after the death. You often hear of small items of property (jewellery, money, family heirlooms etc) going missing after a family member has 'raided' a deceased's home before other relatives have access. Likewise there are occasional disputes over a deceased's body. An executor must always keep his / her own money and affairs separate from those of the deceased estate. This is absolutely essential where the executor is not the sole beneficiary. If you do not, you will surely regret the day you decided to administer a deceased estate. And do not forget to put in that final tax return! A warning! Estates are the cause of some very bitter disputes in families and with de facto spouses. Everyone has heard a similar story. You will need to act in accordance with the will and in an open manner whereby all concerned can see that you are carrying out the deceased's wishes.
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