Probate & Letters of Administration

Probate is the legal process of validating a deceased person’s Will through the Supreme Court.

 

A Grant of Probate formally recognises an executor’s authority to administer an estate, which includes authority to access financial assets, transfer or sell property, attend to taxation obligations, and distribute assets to beneficiaries. 

 

Whether probate is required depends on the nature and value of the estate. It is commonly necessary where assets are held solely, exceed institutional thresholds, involve superannuation or shares, or where tax issues or disputes arise. 

 

Where there is no valid Will, or all the executors appointed under a Will are unable to act, an application to the Supreme Court for Letters of Administration may be required to authorise an appropriate person to manage the estate.