If the Deceased died with a Will, the Deceased would be considered a Testator. The Grant of Probate is the Court Order that would be required to be obtained. The person appointed in the Will to handle and take over the control of the Assets of the Deceased, is known as the Executor (or Executors, if more than one). The Executor would be the right person to apply for the Grant of Probate in order to carry out the intention of the Deceased as set out in the Will.
This Court Order (The Grant of Probate) empowers the Executor(s) to carry out the instructions stated in the Will to his specified beneficiaries. The instructions would include the distribution of the deceased’s assets etc.
Hence, when a person passes away and his Last Will is produced, an Application to the Court for a Grant of Probate has to be made. This application is made by the Executor(s), who has been specifically appointed by the deceased in the Will.
If the Deceased died without a Will, the Deceased would be considered to have died as an Intestate. The Grant of Letters of Administration is the Court Order that would be required to be obtained. In such a case, the immediate next-of-kin or closest relative (with prior rights) would be able to apply for the Grant of Letters of Administration. This person or persons would be known as the Administrator or Administrators of the Estate.