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Procedure for probate. (When one dies leaving a valid will)

– Apply for a petition sec 244

– The petition must be verified

– Annex the will to the petition

– There must be verification by at least one attesting witness. Sec 248. (its in prescribed form)

– It must be gazette for 7 days. Sec 262

– There is no need for notice to the Administrator General.

What are the functions of an Administrator General or executor?

– To perform the last funeral of the deceased. Sec 277

– To release properties of the deceased. Sec 279

– Distribute the estate to the beneficiary

– Pay all debts left by the deceased sec 280-286

– Filing of inventory and account. Sec 278 in court within 6 months of grant of letters of probate or letters of administration.

NB: If an executor is not named, under sec 197 you apply for letters of administration and annex the copy of the will.

Sec 197 applies if you left the will but;

– There is no executor

– Refuses to act or cannot act in law

– Dies before administering the estate

Thus you apply for letters of administration of the estate and in this case, administrator will administer the wishes of the will.