Checklist for typical probate application in 2022.
Step 1
Review the Will to check:
witnessing
attestation clause
signed
condition of the will
Step 2
Confirm the deceased’s correct name:
family confirmation
check titles of property
shares
bank account names
occupation at date of death
place of residence at time of death
Step 3
Confirm executors’ details
obtain photo ID
check current occupation
current address
Step 4
Prepare executor affidavit in support of probate application
use form PR1
deceased’s name: other names /last names/last address
executors: same order as in will; correct names; evidence any name changes
substituted executors: proof of death of original named executor
are all executors applying for probate?
proof of death of deceased: attended funeral/saw body
are substituted executors applying?
spouse/partner of deceased?
any executors renounced probate? Deed of renunciation?
is executor deceased’s former spouse or civil union partner?
any executor incapable of acting?
are exhibits marked properly?
Step 5
Are any additional probate affidavits required?
due execution
capacity of executor
evidence of death (if executors can’t prove)
affidavit of plight
affidavit verifying alterations in the will
affidavit of will-maker’s knowledge of contents
affidavit of understanding
Step 6
Prepare the probate application notice
use form PR1AA
name of deceased
check consistent with affidavit (see step 4)
Step 7
Prepare probate
use same wording as application (step 6)
correct wording for substituted executor
attach ‘clean’ copy of the will (i.e. no exhibit note)
strictly follow form PR7
