What does 'Grant of Probate' mean?
A "Grant of Probate" is a legal document issued by a court that gives an executor the authority to manage and distribute the assets of a person who has passed away, as outlined in their will. It essentially validates the will as the official, legal expression of the deceased's wishes and ensures that their estate is handled properly. Without this grant, the executor may not have the legal power to access or deal with the deceased's assets. It's a key step in the probate process to settle someone's estate.
Probate & Letters of Administration
Probate is a process that involves distributing the deceased's assets in accordance with their wishes.
When a loved one passes away, there are two main routes to dealing with their possessions. Each route involves a different legal process and depends on whether the deceased made a will.
At Attorneys Inc., our extensive experience ensures you can obtain your probate and distribute assets efficiently.
If the deceased left behind a will, you would make an application for a Grant of Probate. If the deceased did not make a will, you would make an application for a Grant of Letters of Administration.​
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1
Application Purpose
An application for a Grant of Probate is necessary to give legal recognition to a will, enabling the executor to manage the deceased's assets according to their instructions.
This process ensures that the deceased's wishes for asset distribution are honoured.
The will identifies the person responsible for managing these assets, referred to as the “executor” for males or “executrix” for females. This individual is authorized to submit the Grant of Probate application to the court.
2
How to Apply?
The process begins when the executor submits an application for a Grant of Probate to the Family Justice Courts.
This application should be filed within six months of the deceased’s passing. If submitted after six months, a valid explanation for the delay must be provided.
Before proceeding, you should ensure the original will and death certificate are prepared. The next step involves scheduling an appointment with a lawyer to initiate the process.
3
Deceased did not Leave a Will
In situations where the deceased did not leave a will, the appropriate step is to apply for a Grant of Letters of Administration.
Typically, the court grants this to the deceased’s spouse and/or next-of-kin.
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However, the final decision on who is authorised to manage the estate rests with the court, which has the discretion to appoint one or more individuals for this role.
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6434 3753
What are Letters of Administration?
If the deceased did not leave a will, the next of kin must apply for Letters of Administration. To start this process, they need to discuss and decide who will apply, as there is an order of priority for who can be appointed as Administrator. Attorneys Inc. can assist with this process to ease the burden. Compared to applying for a Grant of Probate, this process involves additional paperwork and may take slightly longer.
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8202 5062