The term probate refers to a legal undertaking of demonstrating the authenticity of the last will of a deceased person and registering the same with the supreme court of Australia. The procedure is conducted by an executor who is picked to manage the estate of the deceased, dispose any assets and settle outstanding debts.

To carry out this process the executor must obtain legal authorization from the Supreme Court called grant of probate:

Function

The grant of probate is necessary in order to safeguard the interests of outside parties who are in possession of the deceased's assets.These outside parties include  institutions such as banks and insurance companies. For legal transactions in the deceased assets to occur the executor must produce the grant of probate. Both the probate and the will are always in the custody of the Supreme Court. If the deceased does not have a will, a similar document called letters of administration is used instead.

Obtaining A Grant Of Probate

Within the Supreme Court, the department of probate is charged with issuing the grant of probate. The executor makes an application and upon approval he is issued with the grant of probate which serves to establish beyond doubt that the drafter of the will is deceased, the will is trustworthy and that the executor is genuine. Executors can be classified as individuals or as public trustees.

However, a public trustee company can only apply for a grant of probate for the estates it has been expressly nominated as an executor in a will. Once the grant of probate is issued, the executor takes charge of deceased's estate.

Application Process For A Grant Of Probate

The executor must first advertise their intention of obtaining a grant of probate in both the queens land law reporter and the public notices section of the daily paper where the deceased lived. The copy of the advertisement must be provided to the public trustee. There is a mandatory waiting period of two weeks after the advertisement is first placed. In addition, there must be appropriate documentation to support a valid application.

The necessary documents are the original will, a certified copy of the death certificate and a copy of the advertisements. The application is then filed in the Supreme Court closest to where the deceased lived. After the court receives the application, it considers it and if satisfied issues the grant of probate.

Contact a company such as Michael Atkinson & Associates if you have any other questions or concerns.