There are similarities as well as differences- between Grant of Probate and Letters of Administration.
Our team of Probate and Estate Lawyers based in Melbourne, assist people to wind up deceased estates, by applying for Letters of Administration or a Grant of Probate and sometimes both.
A Grant of Probate is sought when a valid Will exists. In Victoria, applications are made through the Supreme Court. If successful, Probate is granted to the person(s) named in the Will, as Executor(s) of the Estate.
Grant of Representation
Once Probate or Letters of Administration are granted a document is issued by the Supreme Court of Victoria that allows the executor or administrator to deal with the assets of the deceased’s estate.
It is official proof that the person named in the grant is entitled to collect and distribute the estate, including:
- money held in banks or managed funds;
- property to be sold or transferred;
- debts to be paid.
The Grant of Representation is official proof that the person named in the grant is entitled to collect and distribute the estate.
Letters of Administration
If no valid Will exists, then Letters of Administration provide access to unlock the deceased person’s assets.
Grant of Probate
A grant of probate is a formal recognition that a Will is valid and indeed, The Last Will and Testament of the deceased. Additionally, it is a document issued by the Court, granting the Executor of the deceased person’s estate the authority to distribute the assets of the Estate in accordance with the instructions within the Will.
It is important to mention that in order for Probate to be granted, there must be a valid Will.
The Will must be proved to be The Last Will and Testament of the deceased.
If you are seeking a Grant of Probate in Victoria, our Wills and Estate Lawyers can assist you from the first meeting right through to the distribution of assets as well as any matters arising during the process.
If the Court issues a Probate Requisition it means the original application for Probate did not meet the requirements of the Probate Act.
We can assist you through the process so that the deceased person’s estate can be wound up without unnecessary delay.
How to Get a Grant of Probate
The level of complexity of the process of seeking a Grant of Probate can vary.
We are lawyers with extensive experience in handling deceased estates. If you need to get Probate on a valid Will, then we will need the original Will and death certificate as well as details of any assets held by the deceased. These assets are listed in the application for Probate and it’s important to not miss any.
The number and types of assets, as well as the location of any titles, supporting documents and deeds can have a direct effect on the steps and time needed to get access to the deceased person’s estate.
For example, an Executor can’t simply turn up to a bank and expect to withdraw the money from the deceased person’s account. If the deceased person took the steps to get a valid Will made, there are steps to prove the Will and from the bank’s perspective- to mitigate the risk of fraud.
If the deceased only had personal effects and nothing with registrations or official documentation needing their signature in order to transfer or be acquired by someone else, then it might not be necessary to get a Grant of Probate.
For all other situations involving a valid will, the Grant of Probate is a necessary step.
Dealing with Probate Requisitions
A Probate Requisition can be issued by the Court if one or more aspects of the probate application did not meet the requirements of the Probate Act.
We are Melbourne lawyers with extensive experience in handling deceased estates and probate requisitions.
Even if we did not handle the original Probate Application for you, our team can still assist you to comply with Probate Requisitions.
Timely, professional attention can reduce the delays that these events can cause.
If you would like to get a valid Will made, or review your current Will- perhaps change asset distribution or appoint a different executor- speak with us.
Our probate and estate lawyers specialise in Wills, Estates, Probate and Letters of Administration. If you have been appointed Executor of a Will and seek to get Probate or even enlist professional help in administering an Estate, contact our Melbourne lawyers today.
