Australia’s Premium Probate Solution for Self-Represented Applicants with Affordable Fixed-Fees
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.
What happens to your things when you pass away?
When someone passes away, they often leave behind property, assets and sometimes debt. This is known as their ‘estate’ and it needs to be managed and finalised.
This Involves:
- Collecting all property and assets
- Paying any debts
- Distributing the assets according to the Will
Where there is a valid Will, the estate is finalised by the executor, or executors where more than one is appointed. Often, this process begins with applying for Probate.
Where there is no valid Will, the deceased’s closest next-of-kin can finalise the estate. This process may involve applying for Letters of Administration.
Probate
- There is a valid Will
- Executor(s) named in the Will apply for the Grant
- Executor(s) administer and finalise the estate
- Property and Assets in the estate are distributed to those entitled under the Will
Letters Of Administration
- No valid Will
- Closest next-of-kin applies for the Grant
- Next-of-kin administers and finalises estate
- Property and Assets distributed according to the laws of intestacy
Probate is a legal process where the Supreme Court certifies that:
- A person has passed away (the deceased).
- The deceased left a valid Will.
- The executor(s) named in the Will have the authority to administer and finalise the deceased’s estate.
The executor(s) named in a Will apply to the Supreme Court for Probate. If the application is successful, they receive a Grant of Probate.
A Grant of Probate is a legal document issued to the executor(s) of a valid Will.
It proves the following:
- The named person has died (the deceased).
- The deceased left a valid Will.
- The Executors named in the Grant of Probate have the authority to access and deal with the deceased’s estate.
You need a Grant in the following situations:
- Seeking the refund of an Accommodation Bond (RAD) from an aged care facility.
- Transferring 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 regarding the estate.
How to apply for a grant of Probate?
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.
There are pros and cons to each option and finding the best way to apply is an important decision for executors.
Supreme Court
Of Victoria Website
“Currently, about 95 percent of applications are filed by solicitors or Trustee Companies, but, in many instances, applying for a grant is often a straightforward procedure.”
Probate Consultants are the Probate application specialists for self-represented applicants. Our seamless application experience makes the process Fast, Affordable and Easy. We offer Fixed-Fees, Fast turnaround times and dedicated support that puts our clients first.
Read our article “Why choose Probate Consultants?” for more information about why we are a great option for self-represented applicants needing Probate in Australia.
How much does Probate cost?
The cost involved in applying for a Grant of Probate depends on:
- How you decide to apply
- Yourself as a self-represented applicant (SRA)
- SRA supported by Probate Consultants
- Solicitor
- Which State or Territory you apply in
- States and Territories around Australia have different Filing Fee structures and some require an Advertisement to be published which adds to the cost.
Solicitors
There is no standard cost that solicitors charge for preparing Probate applications. Fees vary from practitioner to practitioner and practice to practice.
When considering a price quote from a Solicitor, ensure the following has been included:
- GST
- Costs & Disbursements
- Advertisement Fee
- Filing Fee
- Other
Probate Consultants
Probate Consultants have made applying for Probate Fast, Affordable & Easy for self-represented applicants. We are Australia’s Premium Probate Solution with affordable Fixed-Fees.
We provide all Australians the same Fixed-Fees regardless of the value of the estate. You have complete certainty over the total out-of-pocket cost involved in obtaining Probate from the beginning – no surprises.
The total cost involved in applying for Probate includes:
- Our Fixed-Fee:
- $1,888 inc GST: Conventional Applications
- $2,288 inc GST: Complex Applications
- Advertisement Fee (VIC, NSW, QLD, ACT)
- Supreme Court Filing Fee
What do you need in order to start a Probate application?
The following documents are needed in order to apply for Probate:
01
- Valid Will
02
- Death Certificate
03
Current documents relating to the deceased’s estate:
- Property & Assets
- Debts & Liabilities
