When a person passes away, their will enters a process called succession, where it becomes part of the public record. This means that anyone can request to see the contents of the will, including details about assets, beneficiaries, and any debts or charitable donations. As an expert in the field of probate, I'm here to provide a comprehensive guide to understanding this process and answer the question: is probate in the public domain? The answer is yes. When a will or letter of incorporation has been issued, any person may obtain duplicates of the award and the first will in exchange for a share of the corresponding expenses, from the general public.
The original will is sent to the Probate Registry and, in cases where a grant of probate has been issued, it becomes a public document. However, this may not be the case if public inspection proves to be “undesirable or inappropriate”.A probate court appoints a personal representative to administer the estate, either based on the name in the will or in order of priority based on the intestate succession if there was no will. This process is known as testamentary probate, and it's the legal procedure by which a will is “proven” to be valid in court and is recognized as a substantial open record that constitutes the genuine last will and testament. When reviewing probate records, you can see who a beneficiary is, where they live, and how much they inherited. To find out which district holds jurisdiction over probate matters, you can search online for records from that province's probate court.
Your name, and perhaps your address or other contact information, will appear on estate registry documents, including your will and testamentary or management letters. Prior to 1971, applications were submitted to the President of the Probate, Admiralty, and Divorce Division (as predecessor of the Family Division). In addition, probate formally delegates to an executor (or individual executor), usually named in the will, legal power to distribute assets of the deceased according to their wishes. There are advantages to wills being open to public inspection; it helps ensure that true wishes of the deceased are fulfilled. Once probate proceedings have been opened, anyone can view documents in the case file or obtain copies by going to local probate court where proceedings are taking place or by contacting them. If deceased maintained housing agreement in another area, check with that province's probate court.
