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How to Apply for a Probate Estates?



Death of a family member is a mournful occasion. During that time, it becomes tough to recall each and every thing. But, keeping emotions in control, we have to be practical and do all the things that are supposed to be done such as maintenance of the assets, availing grant for a probate etc.

Here, in this blog; we will discuss about the procedure of applying for a probate.

“Grant of probate” is an official document that permits us to deal with the assets of the deceased or we can say Deceased Estate Administration” One can apply for this directly or through a lawyer.

Probate Estates:

For probate, different terms are used based on whether the deceased possessed a will or not.                

If the deceased had a will, application for the “Grant of probate” has to be submitted. This grant is a legal document which acts as an evidence that the executor has the authority to deal with the deceased person’s assets including Deceased Estate.

This process is known as “estate administration”.

Using this grant as a proof, executor can claim his/her right to access the funds, sort out finances and distribute the Probate Estates of the deceased as mentioned in the will.

Similar to probate, there’s another document known as “grant of letters of administration”. This is a legal document that confirms the administrator’s authority to deal with assets of  the deceased such as Probate & Deceased Estates.

Applying for a Probate Estates:

You can apply for a probate in so many ways as follows:
  • Hire a lawyer to apply for the probate.
  • Authorize any public trustee to act as an administrator.
  • Authorize Trustee Company to act as an executor.
  • Apply for the probate yourself.
Probate Estates
Most of the applications are filed by solicitors, public trustees or trustee companies. If you wish to apply for the grant yourself then you must follow the steps given below:

First, check whether there’s any need for grant of probate:
               
All times, there’s no need to apply for Probate Estates. Probate application depends on the type of assets the deceased has left behind as well as the requirements of institutions that possess those assets.

It is you who decides whether a grant of probate is required or not. So, determine all the factors appropriately before applying for the grant.

If the Deceased Estates are located in South Australia, it is mandatory to apply for the probate in the Supreme Court of South Australia or hire a lawyer from Jackson & Associates.

To apply for the probate, the executor must be 18 years and above.

In case, the executor of the will dies before the deceased, and no other executor is named in the Wills then you will need to apply for letters of administration with the will annexed.

If the deceased has no validly executed Wills, then you can apply for letters of administration without the will.

The application for letters of administration without Wills can be done in the following manner:
  • Surviving spouse of the deceased, (spouse must survive for at least 28 days after the deceased).
  • Child of the deceased or the issue of a child who died before the deceased.
  • Father or mother of the deceased.
  • Brothers or sisters of the deceased or the issue of any brother or sister who died before the deceased.
  • Grandparents of the deceased.
  • Uncles and aunts of the deceased and the issue of those who died before the deceased.
  • Keep all necessary as well as additional documents ready. These are as follows:
Note: These documents are only for Probate. Document list for letters of administration with or without Wills, will be shared in the next blog.
  • Original Will and Codicil.
  • Death certificate
  • Details of the property and liabilities of the deceased person
  • Credit card for fees payment
Well, this is how you must apply for a probate. If you are super confused and need assistance at any point of time, lawyers at Jackson & Associates are always ready to assist you.

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Location: 6 Main Rd, Belair SA 5052, Australia

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