Helping you with Probate

Probate is the approval granted to an executor of a Will by the Supreme Court. Obtaining a Grant of Probate means that the Court has formally recognised the authority of the executor to manage the estate of the deceased, in accordance with the instructions and wishes in their Will. A Grant of Probate takes the form of a document that has been stamped with the seal of the Court on the cover page.

You can only apply for Probate if you are an executor named in the Will. If you are a back-up executor, you can only apply for Probate if the primary executor is unable to act. If there is a Will, but no executor has been named in the document (or the executor cannot act), you cannot apply for Probate and instead need to apply for Letters of Administration with the Will annexed. If you are in this situation please don’t hesitate to contact us for guidance.

In most cases, without a Grant of Probate, the executor will be prevented from accessing and managing the assets of the estate i.e. bank accounts, share accounts, property and other assets. Occasionally a smaller estate will not require Probate to access and distribute the estate’s assets, but Probate is normally required. We can help you understand whether, based on the size and type of assets in the estate, you need a Grant of Probate.

The process of obtaining Probate goes through the Supreme Court in your state or territory, and generally involves publishing an online notice and lodging a set of documents with the Court. The Court will review the documents and if all the information has been correctly prepared, the Court will make a Grant of Probate.

There is no requirement that you use a lawyer to apply for Probate, and there are online resources that can help guide you through the process. Most people, however, choose to use a lawyer because it is a technical legal process that can be complex, and if not done correctly could result in personal liability for the executor. Because of this, it is generally recommended to engage a lawyer for advice.

Don’t stress. If there is no will, it is still possible to apply to the Supreme Court for authority to deal with a deceased person’s assets. In this case, the application is for ‘Letters of Administration’ rather than Probate. There is slightly more complexity involved, but the process is largely the same. We can help you with a Grant of Letters of Administration through our Managed Service.