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. Making sure you’re well-informed and prepared means that you won’t be caught off guard at an already difficult time.
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 assets 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 both officially known as Grants of Representation.
What exactly is Probate?
Put simply, 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. We truly understand what you’re going through and proudly provide a fast, affordable and easy service to make your experience as smooth as possible.
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. It 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 regarding the estate.
We always recommend applying for Probate and Letters of Administration as soon as you can.
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
- Drafting 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:
- Advertising your intention to apply online via the New South Wales Online Registry
- Drafting the Application
- Preparing all supporting documents (‘Annexures’)
- 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.
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
- 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.
- Drafting 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.