Inheritance order or probate order: what is the difference?
After a death, the first questions are whether a will exists, which order is required and what documents are needed to establish rights in the estate.
← All articlesAfter a death, the first questions are whether a will exists, which order is required and what documents are needed to establish rights in the estate.
Where a will exists
A probate order is generally sought so that a will can take effect after the testator’s death. The wording of the will, the named beneficiaries and availability of the required original should be reviewed.
Where there is no will
If the deceased left no will, or if part of the estate is not covered by the will, an inheritance order may be relevant to the assets that are not governed by the will.
Documents and publication
The process requires beneficiary or heir details, supporting documents and the relevant fees. The application is published as part of the procedure, and objections or requests for further documents may arise.
After the order is issued
The digital order can be used with various institutions. Where real estate is involved, registration of the inheritance may also be required before the rights are fully reflected in the land records.