What is Probate?

Probate is official recognition of a deceased persons will.  It is granted by the Supreme Court to the executor(s) named in the will and gives them full authority to deal with the deceased persons assets and to distribute their estate in accordance with the terms of the will.

If there is no will, Letters of Administration can be granted to one or more of the people entitled to the deceased persons estate.  A Grant of Administration works the same way as a Grant of Probate and gives the person to whom the Grant is made, known as the Administrator, legal authority to deal with the deceased’s assets.

Letters of Administration can also be granted to a person entitled to a deceased estate if the deceased leaves a will with no named executor or if the executor named in the will has died before the testator.  This type of Grant is called Letters of Administration cum testamento annexo (with the will annexed).

Administrators or Executors of a deceased estate can be referred to as ‘Legal Personal Representatives’ and it is their responsibility to gather in the assets of the deceased, pay any outstanding debts and then distribute the remaining estate in accordance with the terms of the will or the intestacy provisions in the Succession Act 2006.  Legal Personal Representatives are subject to a number of obligations and must make a sworn commitment to administer an estate in accordance with the law when applying for a Grant.

Not all deceased estates will need a Grant of Probate or Administration, however some asset holders will only release assets if a Grant has been made.  For example, the title to land cannot be transferred without a Grant of Probate or Administration.

If you need advice about a deceased estate or assistance with applying for a Grant of Probate or Letters of Administration, contact Althea at Hornsby Wills and Probate on 0410 485 277 or by email: althea@hornsbywillsandprobate.com.au