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.
Probate of a Will in Australia 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 executors apply for Probate of the Will by submitting an application to the Supreme Court in the State or Territory where the majority of the deceased person’s assets are held. The purpose of the application is to prove that the deceased person left a valid Will and to identify the assets and liabilities in their estate.
A deceased person’s estate consists of the property, assets and debt they have left behind. The beneficiaries named in the Will are entitled to the net estate and it is the executors’ job to ensure they receive their inheritance in a timely manner – usually within 12 months. This is known as estate administration and is the next step for executors after Probate of the Will has been granted.
Please Note: Where a person dies without a Will, the laws of intestacy determine who is entitled to their estate. The closest living next of kin can apply for Letters of Administration to deal with the estate, which involves distributing the net assets according to relevant state law.
Learn more about the ‘Next of Kin’ and Letters of Administration here:
What is a Grant of Probate?
A Grant of Probate is a legal document issued to the executors of a valid Will by the Supreme Court once their application for Probate is approved.
A Grant of Probate is proof of 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, manage and finalise the deceased’s estate
A useful analogy is that a Grant of Probate is like the key to a deceased person’s estate. It allows the executors to access, manage and distribute their property and assets. This important legal document proves to asset holders and institutions like the ATO that the executors have the authority to finalise the affairs of the deceased. Whilst this authority ultimately comes from the Will itself, the Grant of Probate issued by the Supreme Court certifies that the Will is a valid document and must be administered according to the terms outlined.