A Simple Guide to Applying for a Grant of Probate

by Estates Plus Finalise A Deceased Estate

There is no denying the inevitable sorrow that follows the death of a loved one. When they die, they leave behind their property and debts, sometimes with a will and sometimes without. Chances are they had already assigned an executor of the Estate in Australia before dying. If not, a Letter of Administration comes into action. It is a document issued by the court giving the most-suitable person the legal authority to settle the estate.

When filing for a Grant of Probate's as an executor of a deceased estate, there are many things to include and declare, such as motor vehicles, bank accounts, superannuation proceeds and leftover employee entitlements, all of which need to be announced. Liabilities, like credit card debts and loans, may need to be included to value the entire asset and liability pool of a deceased estate.

Estates Plus allows users to file and apply for Grant of Probate online with ease. Complete the details of the deceased, including information from the will, friends, family members, assets, and liabilities. This segment has all the information you need regarding applying for a Grant of Probate.

When to apply for a Grant of Administration?

When someone dies, their property must be dealt with using the utmost precision. Ideally, the person named in the deceased's will as executor can do this but there are many scenarios where this is not possible. Consider the following situations in which you can apply for Probate in Perth.

· The deceased had a will and the executor was administered as well, but the executor refuses to do the job for a particular reason. This is the time when someone would need to apply to the court for a Grant of Administration.

· The deceased didn't have a will. In this case, someone will have to apply to the court for a Grant of Administration without the will be annexed.

· The deceased had a will with the executor's name but the court says it is not valid. In this case, someone might need to apply for a Letter of Administration without the will be annexed.

Probate vs Letter of Administration

If you ever have faced the task of dealing with a loved one's estate, you might have been asked by a third party to provide either a letter of administration or a Grant of Probate. You might wonder what the difference between the two is; let us clear the air.

A Grant of Probate and a Letter of Administration are legal documents that authorize the executors or other persons to administer a deceased person's estate. Whether probate or a Letter of Administration is required will depend on the assets of the estate. According to wills and Probate solicitors, Grant of Probate or Letters of Administration will be necessary before the deceased's estate can be sold or transferred. For other assets, such as bank accounts, shares, and life insurance, every organization has its thresholds as to when it will require Letters of Administration or Grant of Probate.

Who can apply for a Letter of Administration?

In most cases, the one applying for the Letter of Administration will be a primary beneficiary of the will, if there is a will. If there is no will, an immediate member of the deceased's family can apply. There are numerous prerequisites to becoming an administrator. Seeing a lawyer who can help you go through the probate process with ease is the wisest option. Estates Plus helps executors of deceased estates apply for Grant of Probate online in a quick, hassle-free manner.

An overview of the Process

The first step that an executor of a will in Australia must take is to determine the assets and liabilities of the deceased. Once this has been established, the executor needs to contact the asset holders to assess their requirements and release the assets. There are chances that some estate holders might not require a Grant of Probate for releasing the estate assets to the executor. Some estate holders will not release any assets until the executor has obtained a Grant of Probate.

What are all the documents required?

To apply for a Grant of Probate, you need to gather the following documents;

· The original will of the deceased.

· A Summons for Probate.

· A draft Grant of Probate.

· An Affidavit of Executor, which annexes the death certificate and contains details of all the beneficiaries subjected to a share of the deceased's estate. The estate liabilities are also required to be listed in the Affidavit of Executor.

Once you have the complete documents, you can proceed with further process of probation.

EstatesPlus is one of the best probate and estate lawyers in Sydney who can help you apply for probate online without any hassle.