A ‘Reseal of Probate’ is necessary when a person dies and leaves assets in their will located in different states and countries then the state where the Grant of Probate is issued.
The Grant of Probate is issued by the court to the executors named in the person’s will and allows the executor to withdraw the deceased person’s assets from different entities. If there is no will when the person dies, then a Letter of Administration is granted to the named executor.
What is a ‘Reseal of Probate’?
Once an executor of the will has received the ‘Grant of Probate’ (or Letter of Administration), they can distribute the assets to the beneficiaries of the will. But probate laws can differ from state to state and even from country to country.
If a deceased person owns assets in more than one state or country, then the executor needs to apply for a ‘Reseal of Probate’.
The reseal is obtained when you apply to the relevant state’s Supreme Court asking that the court recognise the probate’s original grant. The process is also known as resealing the grant.
Once the courts fulfil the reseal in the relevant state where the person’s assets are located, the executor can gain access and handle distributing them to any beneficiaries.
Common ‘Reseal of Probate’ Issues
Being named the executor of a will can be confusing and complicated, especially when applying for probates and reseals. When in doubt, it’s best to consult with a professional on how best handle the assets of a will.
Here are a few things to be careful of when it comes to reseals:
- Completing a reseal of probate application but not needing one
- Applying for a reseal in the wrong state or territory
- Lost time due to incorrectly reseal applications
- Not understanding the need for a reseal
- Applying for a reseal of probate from a country that’s not included in the ‘Commonwealth Realm’.
How to Apply for a ‘Reseal of Probate’?
Depending on the state you are applying for the reseal, the application process will vary. But here are the basic steps you should be prepared to complete:
- Establish your eligibility to apply for a reseal
- File a notice of your intention to apply for a reseal
- Review the notice for errors before submitting for publication
- Complete the forms from the states reseal kit
- File your application with the court
When more and more people are leaving assets across different states and countries, understanding the probate law and the reseal of probate is more critical than ever! When in doubt, it’s always best to advise with a professional.
Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice