Probate and Letters of Administration
What is a Grant of Probate or a Grant of Letters of Administration?
When a person dies, it is often necessary to take several legal steps so that:
- Access to bank accounts insurance and superannuation funds can be obtained;
- Real estate and other assets can be sold or transferred; and
- The estate can be distributed in accordance with the will or if there is no will, in accordance with what is known as the laws of intestacy.
Before that can be done it is necessary to obtain a Grant of Probate or a Grant of Letters of Administration
So, what is the difference between a Grant of Probate or a Grant of Letters of Administration
Grant of Probate
A Grant of Probate is a formal court approved document that gives the executor named in the will legal authority to deal with the estate. It is the formal legal process that establishes:
- the validity of a will and
- authorises the executor to deal with the estate.
Grant of Letters of Administration
Where there is no will Letters of Administration need to be obtained. A Grant of Letters of Administration is the formal court approved document that gives the administrator of the estate legal authority to deal with the estate.
When do you need a Grant Probate or a Grant of Letters of Administration?
As a general statement a Grant of Probate or a Grant of Letters of Administration is always required. However, in the case of small estates:
- where the estate has less than $50,000 and where no real estate owned; or
- where all the assets of the deceased are jointly held it may not be necessary.
What happens once a Grant of Probate or Grant of Letters of Administration is obtained?
Once a Grant of Probate or Grant of Letters of Administration is obtained the court approved executor in the case of a Grant of Probate or administrator in the case of Grant of Letters of Administration can to deal with the administration of the estate in accordance with the will, or where there is no will in accordance with the laws of intestacy.
This is the first and most important and most important step to obtaining authority to deal with an estate.
Who can Apply for a Grant Probate or a Grant of Letters of Administration?
Where there is a will the named executor can apply for the Grant of Probate.
Where there is no will the administrator must be the deceased’s closest next of kin.
What do you need to apply for a Grant of Probate or a Grant of Letters of Administration?
To apply for a Grant of Probate or a Grant of Letters of Administration an application needs to be made to the Supreme Court. This is where we can help. As experienced estate lawyers we have assisted many families and relatives with this process. If you would like to know more give us a call.
