3.3 What is probate?

Probate is a legal procedure that makes sure the will was written according to all the rules for making that kind of will. Probate does not check what is written in a will (the content), only how it was written (the form).

A will is probated to make sure that:

• you wrote the will;
• you have died; and
• the will was written according to the proper formalities.

3.4 When does a will have to be probated?

A holograph will and a will made before witnesses must be probated. A notarial will does not have to be probated.