Many executors believe that obtaining a Grant of Probate completes estate administration. In practice, it is only the authority to begin.

Misconception one

A Will automatically transfers assets to beneficiaries.

A Will records how an estate should be distributed, but it does not itself transfer legal ownership. The executor must first obtain a Grant of Probate from the High Court.

The position

The grant confirms the executor's authority to collect, administer, and distribute the estate in accordance with the Will. Until it is issued, the executor generally has no legal standing to deal with the deceased's assets.

Misconception two

A Grant of Probate automatically changes the land title.

The grant confirms authority. It does not alter the registered ownership of land. A separate application must be made to the relevant Land Office or Land Registry to register the transmission.

The position

Only after that registration is completed does the land register reflect the new legal owner or owners. Overlooking this distinct step can prevent a later sale, refinancing, or transfer, and create substantial delay for beneficiaries.

After the grant

What still needs to happen.

Depending on the estate and the property involved, the executor's post-probate work may include:

  1. Registering the transmission at the Land Office
  2. Redeeming or discharging charges and encumbrances
  3. Settling quit rent, assessment rates, and liabilities
  4. Transferring the property in accordance with the Will
Property remains registered in the deceased's name until the formal transmission process is completed.

The central point

A Grant of Probate is authority to act, not a transfer of ownership.

Estate administration is complete only when the required post-probate procedures have also been carried out. Identifying those requirements early helps avoid costly delays and gives beneficiaries a clearer path to becoming registered proprietors.