After a family member dies, they usually have the problem of taking care of the estate of a deceased. This may prove to be a complex process particularly where legal requirements are involved. The two terms that are often mentioned in this context are probate and estate administration. Although most people may think they are equal there are significant differences between the two. These differences are important to anyone who must administer an estate and professional assistance is frequently prudent. To help those interested in going through these legal procedures, resources such as search lawyer Singapore or directly hiring a competent probate lawyer Singapore can help make the process a lot easier.

Understanding Probate

Probate Probate is the legal process involved in confirming and implementing of a will. When one dies leaving a will, the person appointed as an executor in that will must seek Grant of Probate at the court. This grant is a legal document which formally acknowledges the rights of the executor to administer the estate as per the directions stated in the will.

Generally a probate process requires that the will be submitted to court where the authenticity of the will is ascertained, the assets and liabilities of the estate are identified and the assets are given to beneficiaries named in the will. Probate is a mechanism that guarantees the will of the deceased is honored by law and the heirs inherit what they are entitled to receive.

The process of probate can be quite complicated in Singapore especially when the estate is large or there is conflict between family members. It is at this point that it is important to hire a probate lawyer Singapore who can assist in providing the needed advice to facilitate such a process and prevent delays.

What is Estate Administration?

An estate administration takes place when a person passes away without a will. In these situations the person who dies is said to have died intestate. The court appoints an administrator to handle the estate because no one wants to dictate how the estate is to be distributed. The administrator then submits a Grant of Letters of Administration, which empowers the administrator to gather the deceased assets, pay off the debts and distribute the rest of the estate in line with the Singapore intestacy provisions.

Estate administration is highly structured unlike in probate where the distribution is determined by the will of the deceased. The Intestate succession act in Singapore provides the division of assets among surviving family members including spouse, children, parents or siblings. This implies that the personal wishes of the deceased might not be incorporated in the ultimate allocation of assets.

Since the process of administering an estate may yield unanticipated results to the family, legal consultation is usually recommended. Search lawyer Singapore can make the families aware of their rights and duties and a specific probate lawyer Singapore can take care of the legal proceedings instead.

Key Differences Between Probate and Estate Administration

The big difference between probate and estate administration is the presence or absence of a viable will. Probate is necessary in case of a valid will. Estate administration is required in the event of the absence of a will.

The other thing is who becomes the head of the estate. The executor in probate is one who was selected by the dead man in his will. When administering an estate matters, the court determines who will become an administrator, most often close relatives (spouses or children).

The allocation of the assets is also very different. During probate, the will is split up as per the wishes of the deceased. In estate management distribution is governed by the intestacy rules which may not necessarily be the intended wish of the deceased.

Lastly, there is a difference in the degree of control. In probate, the individual who is dead still retains authority over how his or her estate will be split by making a will. When it comes to estate administration, the deceased gives up that control and the estate is divided according the statutory provisions.

Why the Distinction Matters

It is worth learning the distinction between probate and estate administration since it influences the procedure and the final result of the estate allocation. To the family, this may prove to be the difference between a successful transfer of assets and a possible quarrel.

Probate brings clarity and certainty where there is a valid will. The beneficiaries may also have the assurance that the will of the deceased will be honored. The estate can be effectively managed by executors with the assistance of a probate lawyer Singapore according to the law.

Conversely, where there is no will, the management of the estate may be complicated. The division of assets under the intestacy laws may come as a surprise or even a disappointment to the family members. In other instances, a conflict may occur among family members who believe that the allocation is not just. To prevent these problems, most families seek the advice and representation of a legal professional. A simple search lawyer Singapore can get people access to knowledgeable lawyers who deal with estate related issues.

Conclusion

Both probate and estate administration are legal procedures that concern the allocation of the assets that a dead person has, but whether or not there is a will is the only difference. A will can be validated and an estate administered through probate, and when there is no will, the laws of intestacy can be used to administer the estate.

The knowledge of these processes will help the family to plan into the future on how to handle an estate. More to the point, it reminds us of the importance of having a valid will and the professional advice. To a family that is handling an estate today or to those planning their future, websites like search lawyer Singapore and the services of a qualified probate lawyer Singapore would help bring order, efficiency and tranquility to an otherwise difficult experience.