When a person draws up a will, they need to appoint someone to administer their estate when they die. This person is known as the executor. The executor is responsible for carrying out the terms of the will. The executor will sometimes need to apply for probate. Probate means the official recognition that a will is legally valid. The application is made to the Probate Registry of the Supreme Court for a “Grant of Probate”. The grant is a document certifying that the Supreme Court recognises the authority of the executor(s) to deal with the estate. This
will enable the executor(s) to collect the assets and pay any debts of
the deceased person and then to distribute the estate as directed by the
will.
Where
there is no will, or some part of the will is not valid, the
executor(s) or the next of kin may need to apply to the Supreme Court to
be the administrator of the estate of the deceased. In this instance, the Court will issue a "Grant of Letters of Administration".
The
information in this website is designed to assist people who have been
appointed executors, or relatives of recently deceased persons, with
understanding what the process of applying for probate (or letters of
administration) is all about, and what duties you will be expected to
perform.
It
is possible, and not uncommon, for executors to make a personal
application for a grant of probate or letters of administration, rather
than make the application through a solicitor or law firm. There are
do-it-yourself kits available for all States and Territories (please see
the ‘Do-it-yourself Probate’ section). There are also services
available to assist you in this process for considerably less cost than
more conventional legal services.
... Not relevant to our needs, if you want to read however the link is at the bottom :)
The
information contained herein is not legal advice. The information is
provided solely on the basis that readers will be responsible for making
their own assessment of it. We
recommend that you obtain independent legal advice from a solicitor if
you wish to assess the suitability of the information contained herein.
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