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The application must be completed in a specific format, as required by the High Court rules, and include the following documents: An application; An affidavit for the grant of probate; You may need a separate affidavit of death; The probate form; A copy of the probate form; and, The original Will.
Executors can avoid Probate if the value of the assets being held by an asset holder are within their 'small estates' threshold. Every asset holder and institution has their own policy which outlines when Probate is required, and this is usually determined by the value of the assets owned by the deceased.
An affidavit must: contain all the written evidence that you want to present. be written in the first person (for example, 'I saw?', 'he said to me?') have your full name, what you do for a job and your address. be signed by you. ... Any alterations must also be initialled.
You must be the deceased's closest next of kin . You can apply for 'letters of administration' in the following order of priority: lawful spouse or domestic partner. children, excluding step children, but including children adopted by the deceased.
Is it necessary to apply for probate/administration? The Court does not determine whether or not probate or administration is required to deal with a persons estate and there is no automatic requirement to apply for probate or administration when someone dies.