Affirmation or Affidavit for Probate Application with Will

The document titled 'Affirmation or Affidavit for Probate Application with Will' is a legal document used in the court of domicile for the purpose of applying for probate with a will. The document begins with an introduction stating the importance of the document and its purpose. It provides a detailed description of the entire document, including each section.

 

Section 1 of the document provides information about the deceased, including their name, position, address, and age at the time of death. It also mentions the last will executed by the deceased and the appointment of the executor.

 

Section 2 states the domicile of the deceased at the time of death.

 

Section 3 lists the beneficiaries named in the will, including their names and ages or dates of death if applicable.

 

Section 4 mentions the appointment of the attorney as the lawful attorney of the executor to apply for and obtain a grant of letters of administration.

 

Section 5, if applicable, states the death of another executor before the deceased and their failure to prove the will.

 

Section 6, if applicable, provides information about the true name of the deceased and any aliases used.

 

Section 7, if applicable, states that there is no other property devolving to the personal representatives of the deceased, except as mentioned in the estate duty commissioner's provisional schedule of property.

 

Section 8 expresses the belief of the attorney in the authenticity of the will and their commitment to administer the estate according to the law.

 

Section 9 states whether any minority interest arises under the will.

 

Section 10 states whether any life interest arises under the will.

 

Section 11 confirms that the attorney is applying as the lawful attorney of the executor for letters of administration.

 

The document concludes with the affirmation or oath of the attorney, stating that the contents of the document are true and signed with their name and address.

 

In summary, this document is crucial for the probate application process and provides detailed information about the deceased, beneficiaries, executor, and other relevant details.

How to use this document?

1. Enter the necessary information: Fill in the court of domicile and the address of the deceased in the provided spaces.

2. Provide details about the deceased: Fill in the name, position, address, and age of the deceased at the time of death. Also, mention the date of the last will and the appointment of the executor.

3. Specify the domicile: State the domicile of the deceased at the time of death.

4. List the beneficiaries: If applicable, provide the names and ages or dates of death of the beneficiaries named in the will.

5. Appoint an attorney: If applicable, mention the power of attorney and the appointment of the attorney as the lawful attorney of the executor.

6. Mention the death of another executor: If applicable, state the death of another executor before the deceased and their failure to prove the will.

7. Provide information about aliases: If applicable, provide details about any aliases used by the deceased.

8. Declare the absence of other property: If applicable, state that there is no other property devolving to the personal representatives of the deceased, except as mentioned in the estate duty commissioner's provisional schedule of property.

9. Express belief in the authenticity of the will: Declare the belief in the authenticity of the will and the commitment to administer the estate according to the law.

10. Determine minority interest: State whether any minority interest arises under the will.

11. Determine life interest: State whether any life interest arises under the will.

12. Apply as an attorney: Confirm that you are applying as the lawful attorney of the executor for letters of administration.

13. Sign the affirmation or oath: Sign the affirmation or oath with your name and address, affirming the truthfulness of the contents of the document.

Follow these steps carefully to ensure a successful probate application process.