A grant of probate is the authorisation granted to an executor of a Will by the Supreme Court allowing such executor to access and manage the deceased person’s estate. Whether the executor requires to obtain probate or not depends on the type of assets the deceased person owned and the value of the assets. In most cases, the executor will need to obtain probate which will give them access to the assets left by the deceased person such as bank accounts, aged care refundable accommodation deposits and to sale a property of the deceased.
Probate law can be confusing, but our team of probate lawyers in Australia stands with you during these trying times and provides legal guidance every step of the way. This process involves key legal processes that grant authorisation to the executor of a will. Authorisation from the Supreme Court then allows the executor to manage and distribute the deceased person’s estate.
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Who needs to apply for probate?
Generally, the executor named in the Will would be the one to apply for probate. If the executor named in the Will is unable or unwilling to act, then the substitute executor can apply for probate. Where there is no executor named, then a family member can apply.
When do I need to apply for probate?
Generally, the executor would apply for probate once they have received the death certificate. Some states have time periods in which the executor would need to apply for probate, for example, in New South Wales, the executor is required to apply for probate within 6 months of the deceased death.
How do I apply for Probate?
How to apply for probate and the requirements for probate applications are different in each state. Our team of experts can discuss your probate matter and assist you with the application in the various states and territories.
What if there is no Will?
If there is no Will, then a family member may apply for letters of administration. Click Here to find out more about letters of administration, or you can contact us to discuss your options.
How to apply for probate and the requirements for the probate application is different in each state. We have created a guide for each state which details the requirements to apply for probate.
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