Grant of Probate

Probate, more formally known as a Grant of Probate, is a document issued by the Supreme Court which provides the Court’s recognition that a deceased’s person’s Will is the legally valid last Will and Testament of the deceased and the appointed executor is authorised to deal with the estate.

This will depend on a few factors. For example, jointly held cash and property held as joint tenants does not need a Grant of Probate. However, a number of institutions (including banks and share registries) may not release assets of the estate to the executor without a Grant of Probate (read more about collecting assets and paying bills here). In some States, you need a Grant of Probate before you can transfer land/real property (other than property held as joint tenants).

Sometimes the paperwork required by an institution without producing a Grant of Probate is onerous and outweighs the cost of obtaining a Grant.

Also, as an executor, regardless of the estate asset position, you should take the time and receive appropriate advice from a wills and probate lawyer regarding the particular estate you are administering, so you can seriously consider whether as an executor you want or need the personal protection that a Grant of Probate affords to you. At Estate First, we are expert probate lawyers and we can provide this advice to you during your initial meeting.

Probate is not required if:

• you are dealing with jointly held assets or property held as joint tenants
• you are dealing with superannuation (including life insurance) where the deceased made a valid binding death benefit nomination
• assets of the estate are of a significantly low value
• there is no Will – you will then need to apply for Letters of Administration
• there is no executor appointed in the Will or able to act. You will then need to apply for Letters of Administration with the Will annexed.

In these circumstances, other steps to administer an estate will need to be taken (e.g. arranging transfers of joint assets to the surviving joint owner, making a superannuation death benefit claim, obtaining a Grant of Letters of Administration and so on).

It is a legal process and requires an application to court along with supporting documentation, including the Will and death certificate. We recommend that all executors obtain legal advice from a Wills and Probate lawyer prior to submitting any court documents. At Estate First lawyers, we provide this advice during our initial meeting with you to discuss your options.

Costs for obtaining probate will be quoted and provided as a fixed fee during your initial consultation with us.

Generally, obtaining a Grant of Probate normally takes between six (6) to ten (10) weeks from the commencement of the process. The process involves placing an advertisement and service of a notice of your intention to apply in the prescribed publication for your state and then waiting up to 14 days before filing your application in the Court registry.

The timing then largely depends on the volume of applications at the Supreme Court in your state. If there is an urgency to obtaining the Grant of Probate, then in certain circumstances an urgent application can be made to the Court by your probate solicitor.