Grant of Probate and
Letters of Administration

A Grant of Probate is applied for when the person who has passed away has left a Will naming an Executor to act on behalf of their Estate. Once this Grant is obtained, the Executor is given permission by the Court to manage the Estate, pay debts and distribute assets in accordance with the instructions in the Will.

A Grant of Letters of Administration is issued when there is no Will, or if the named Executor cannot fulfill their duties. The person who applies for this Grant in this scenario must be the closest next of kin, who will become the Administrator of the Estate (where there is no Will), or the reserve Executor of the Estate (where there is a Will but the named Executor is unable to act). Once this Grant is obtained, the Court will appoint the Administrator and they are given permission by the Court to manage the Estate, pay debts and distribute assets in accordance with the laws of intestacy (if there is no Will), or in accordance with the instructions left in the Will (if there is one).

A Grant is not always required and will depend on the nature and location of the Deceased person’s assets. Some organisations may release assets without requiring a Grant, however, banks and financial institutions will need to firstly know they are dealing with someone who has legal authority to deal with the Deceased’s affairs, prior to releasing any assets.

You will need to obtain a Grant in the following situations:

• Seeking a Refundable Accommodation Deposit (RAD) from an aged care facility;
• Transferring the title of real estate that was held solely or as tenants in common by the Deceased (this is not required for a property held as joint proprietors);
• Accessing funds in a bank account over the value amount of $50,000;
• Dealing with public shareholdings; and
• Accessing superannuation that is payable to the Estate.

We are here to guide you as to whether you need a Grant and will help you with the process. If you have any queries, please do not hesitate to contact us.

A Reseal of a Grant of Probate/Letters of Administration refers to a document in which a foreign Grant of Probate/Letters of Administration is issued by one jurisdiction and is recognised and accepted by a different jurisdiction to that of which it was originally granted in.

When a person who owns assets in multiple jurisdictions passes away, their Estate may require administration in each of those jurisdictions and in some scenarios, the Executor or Administrator may need to obtain a Grant of Probate/Letters of Administration in the jurisdiction where the assets are located.

If a Grant of Probate/Letters of Administration has already been obtained in one jurisdiction and needs to have it recognised in another jurisdiction, a Reseal of a Grant of Probate/Letters of Administration is then required.

Please note, each state and territory within Australia have their own rules relating to the recognition of a foreign Grant of Probate, and generally, all Australian states and territories do recognise Grants issued by the courts of the United Kingdom, however, Victoria, in particular, also recognises Grants issued in New Zealand, Singapore, Malaysia, Hong Kong, Fiji and other Commonwealth countries.

In circumstances where resealing a foreign Grant of Probate is not acceptable in an Australian state or territory, the Executor or the Administrator must then apply for a new Grant of Probate/Letters of Administration issued out of a court within an Australian state or territory, for use in Australia in respect of administering the Australian assets of the Deceased.

Administering a Deceased Estate involves managing and distributing the assets and debts left behind by someone who has passed away. It includes identifying and valuing assets, paying off debts, distributing assets to beneficiaries, keeping records and finalising the Estate.