What does probate mean in Australia, and what does the process involve?
Probate is the process of proving that a deceased person’s Will is valid. A grant of probate is a formal document from the Supreme Court that confirms the Will and authorises the executor to deal with the estate, including managing, selling and distributing assets. The process involves finding the original Will, advertising your intention to apply, preparing and filing court documents, answering any court queries, then receiving the grant. Banks, share registries and land registries will not release assets until the grant is in hand. Willed’s fixed-fee probate service handles each step.
For related guidance, see how long does probate take in Australia, and what causes delays?.
Read the video transcript
Essentially, probate is proving the validity of the Will of the deceased. A probate is a formal document issued by a Supreme Court that confirms the validity of the Will and authorises the executor to deal with the assets of the estate, including managing, selling, and distributing the assets. The process generally involves finding the original Will, publishing an advertisement of your intention to apply for probate, preparing the necessary court documents, filing the court documents, dealing with any queries that the court may raise, and then receiving the grant. Banks and other institutions and land registries won't allow you to deal with assets until you've got the grant.
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