The probate process
As part of the necessary process to making a will, the testator appointed an executor (or more than one). Their immediate task, after the testator died, was to arrange for burial, pay and collect debts and get the will proved. Often, in the will, the first two aspects are covered in the early clauses.
The executor then took the will to the court and a bond was created or an oath taken to ensure that an inventory was made, debts paid, legacies discharged and accounts made. In the event of dispute, these matters could be brought back before the court. The note of the granting of probate was made on the original will and the will filed, an entry was made in a probate act book, a copy of the will was provided for the executor and another copy entered in a register of wills.
If someone died without making a will (intestate), the court had the authority to appoint administrators. Usually, this would be next of kin – wife/husband, child/children, parent, brother/sister and so on. Their responsibilities were akin to those of an executor, and similar bonds were created. Letters of administration were granted and entries made either in the probate act book or a separate administration act book.
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