The Ultimate Guide
Disclaimer: Probate Consultants is not a legal practice. Information on this website about the law on any subject is general in nature and is intended to provide an outline only. It is not comprehensive, nor does it constitute legal or financial advice.
Overview
At Probate Consultants we understand that applying for Probate and Letters of Administration can be confusing and daunting. Our aim is to provide relevant and practical information about Probate that is accessible to families who are dealing with the loss of a loved one.
When a person dies, typically, the Executor of the Will or the Next-of-Kin has to finalise their affairs. This involves gathering the deceased’s assets, paying any outstanding debts, and distributing the estate to those entitled.
Sometimes, these activities can be completed informally, but in some instances, you may need to obtain Probate or Letters of Administration beforehand. Letters of Administration and Probate are known as Grants of Representation.
What exactly is Probate?
Probate is a legal process where the Supreme Court certifies that a Will is valid and can be acted upon. It also confirms that the executors named in the Will have the legal authority to finalise the deceased person’s estate.
Many people don’t think about how their assets will be dealt with when they pass away until they have to administer the estate of a friend or loved one. This process often involves applying for Probate where there is a Will, or Letters of Administration where there is no Will.
At Probate Consultants we know that applying for Probate or Letters of Administration is more than a legal procedure – it’s about gaining access to the estate of someone who has passed and distributing their final gifts to loved ones.
Whilst most applications are lodged by solicitors or trustee companies, many people align to managing this very important, and personal, application themselves as a Self-Represented Applicant (SRA). For those that do, Probate Consultants have created a seamless application experience that makes the process Fast, Affordable and Easy.
What are Letters of Administration?
Letters of Administration are issued by the Supreme Court to the person who will be legally entitled to deal with the property and assets of someone who has passed away without a valid Will. This person is usually the closest next-of-kin and they are appointed Administrator of the estate. In some cases, more than one person will apply to be the Administrator.
Why and when might I need Probate or Letters of Administration?
Probate and Letters of Administration are not mandatory when tasked with administering a deceased estate.
Probate and Letters of Administration are required when an asset holder (Bank, Super Fund, Aged Care Facility, etc) requests to view a Grant of Representation in order to allow access to a deceased person’s assets. A Grant may also be necessary to perform other duties in relation to finalising a deceased person’s estate, including making contact with the ATO regarding tax returns or dealing with liabilities such as mortgages.
You need a Grant in the following situations:
- Seeking the refund of an Accommodation Bond (RAD) from an aged care facility.
- Transferring the title of real estate that was held solely by the deceased, or as tenants in common.
- Accessing funds in a bank account over a certain value, usually $50,000.
- Dealing with a shareholding over a certain value, usually $50,000.
- Accessing Superannuation that is payable to the estate.
In determining whether you need a Grant of Probate, you can:
- Contact the relevant institutions and ask whether they require a Grant in order for you to deal with the property.
- If there are minimal assets, you may only need to produce a certified copy of the Will and death certificate.
- Contact Probate Consultants for a Free Consultation.
- Speak to a Probate Lawyer.
What do I need to know about applying for Probate?
Applying for Probate is often straightforward and can take anywhere between 4 to 12 weeks depending on the state or territory. The process can be delayed for many reasons, including where:
- Only an informal Will exists
- There is only a copy of the Will, rather than the original
- There are disagreements on decisions between joint executors
- There are defects in the application or the Will
There are four main ways to apply for a Grant of Probate:
- Prepare the application yourself as a Self-Represented Applicant (SRA).
- Engage Probate Consultants to assist with your application as an SRA.
- Instruct a lawyer to act on your behalf.
- Authorise a Trustee Company to act as the executor.
Deciding how to apply for Probate is an important decision for executors. There are a variety of options, and making the right choice is crucial.
The way that you apply for Probate is different in each Australian state and territory, so it’s good to stay informed about the legislation in your location. Sometimes, a deceased person has assets in multiple states and the executor may need to apply for a reseal of the Grant of Probate in the other states.
Applying for Probate and
Letters of Administration in Australia
Applying for Probate and Letters of Administration in Victoria consists of the following:
- Advertising your intention to apply on the Supreme Court of Victoria website
- Completing the application online
- Preparing all supporting documents (‘Exhibits’)
- Lodging the duly executed application on RedCrest- Probate.
- This can only be done once the advertisement has been published for 14 clear days.
Applying for Probate and Letters of Administration in NSW consists of the following:
- Collecting the necessary documents and information for the application.
- Completing the application online via the Supreme Court’s Probate Platform.
- Signing the application documents with a Qualified Witness (ie Justice of the Peace).
- Lodging the executed application with the Supreme Court online.
- The Probate Notice (advertisement) is automatically published when the application is lodged online
- The Court will only review the application once the Probate Notice has been published for at least 14 days
Applying for Probate and Letters of Administration in Western Australia consists of the following:
- Collecting all relevant documents and information
- Completing the application online
- Printing the application and signing in front of an authorised witness
- Lodging the following with the Supreme Court by post or in person:
- Duly executed application
- Original death certificate + photocopy
- Marked original Will (probate)
Applying for Probate and Letters of Administration in South Australia consists of the following:
- Collecting and preparing all necessary documents
- Completing the CourtSA Online Grant application form
- You will need a registered CourtSA Account
- Lodging the application online
- Lodging the original Will (Probate), Oath of Administrator (Letters of Admin) and Certificate of Identity with the Probate Registry in person or by registered Post.
Applying for Probate and Letters of Administration in Queensland consists of the following:
- Advertising your intention to apply in the Queensland Law Reporter (QLR).
- Providing a copy of the advertisement to the Public Trustee
- This can be done by post, fax, email or delivered in person.
- Preparing the documents for your application
- Lodging the duly executed application with the Supreme Court by post or in person.
- This can only be done once the advertisement has been published for 14 clear days and the Public Trustee has had the advertisement for at least 7 days.
Applying for Probate and Letters of Administration in Tasmania consists of the following:
- Collecting and preparing the necessary documents
- Completing a ‘Notice of Intention to Apply for a Grant’ and emailing it to the Probate Registry
- The Registry will publish the Notice on the Supreme Court of Tasmania website
- Completing the relevant Forms
- Lodging the duly executed application with the Court in person or by post.
- This can only be done once the advertisement has been published for 14 clear days.
Applying for Probate and Letters of Administration in the ACT consists of the following:
- Advertising your intention to apply on the Supreme Court website
- Completing the necessary documents and forms
- Lodging the application with the Supreme Court in person or by post
- This can only be done once the advertisement has been published for 14 clear days and no more than 3 months later.
Applying for Probate and Letters of Administration in the Northern Territory consists of the following:
- Electronically filing a Notice of your intention to apply with the Registry of the Supreme Court of the NT.
- If you do not wish to file this Notice electronically, it will need to be published in at least 1 Darwin daily newspaper and a second local newspaper if the deceased lived more than 200km from Darwin’s General Post Office.
- Completing the application forms
- Preparing all supporting documents
- Contacting the Public Trustee’s Office to check if the deceased person deposited a Will with them.
- Lodging the duly executed application with the Supreme Court by email.
- This can only be done once the advertisement/s have been published for 14 clear days.
Summary
Applying for Probate and Letters of Administration can seem like a daunting task. There are quite a few steps involved and the Supreme Court in each State has strict requirements for what needs to be completed as part of the application process.
Choosing how to apply is an important decision and will determine the costs, timeframes as well as the overall application experience. Probate Consultants provides a seamless, innovative, and fast service to families who have lost a loved one and want to apply for Probate or Letters of Administration as SRAs.
Our Co-Founders Thomas and Naomi Torcello reimagined the application journey for SRAs guaranteeing a client experience that is not only streamlined but deeply personal and supportive. If you have any questions or would like specialist support in applying for Probate or Administration, contact us today for a Free Consultation.