Probate and Letters of Administration

Grand of Probate

If a deceased person leaves behind a valid Will, the executor who is named in the Will automatically obtains the Grant of Probate to deal with the liabilities and assets of the estate and make the distributions according to the Will left behind.

However, when someone dies without leaving behind a Will, an authority known as the Probate Letters of Administration comes in to administer the estate. The estate goes to one person who has the largest interest in the estate and he/she receives the Grant of Letters of Administration from the Australian Court.

The Grant of Letters of Administration authorises the person to be legally named as the ‘Administrator’ in the Grant. No other person can interfere in the manner how the estate’s liabilities and assets are dealt with and how the estate is being distributed in accordance with the deceased’s Will or laws of intestacy (if there is no Will available).

Overall, the application process can be quite tiresome and difficult. You will need all the Court Affidavits and documents to be filed and completed with the Supreme Court. Additionally, searches also need to be carried out to locate the documents or missing Wills that displays the intentions of the deceased. Inquiries also need to be made in regards to the deceased’s present and past accountants, solicitors, asset holders, and banks.

It is very important that the Probate Letters of Administration are handed in Melbourne can only authorise the Administrator to deal with the assets and liabilities of the estate in Melbourne. If the deceased’s assets and estate are located in other Australian states, then a new Grant or Reseal will be needed.