What is Probate? Do I need it?

What is Probate? Do I need it? Two questions frequently asked by executors!

Grant of Probate

A Grant of Probate is a certificate given by the Supreme Court of Victoria to the effect that the Will of a deceased person has been proved and administration of that person's estate has been granted to the executor proving the Will. Where the deceased did not leave a Will, a Grant of Letters of Administration is the equivalent certificate given by the Supreme Court of Victoria.

Letters of Administration

Another common Grant of Representation is Letters of Administration with the Will Annexed. This type of grant is obtained where there is a valid Will, however the Executor is unable or unwilling to apply for a Grant, and there is no substitute or alternate Executor nominated in the Will.

These three types of Grants of Representation are the most common types obtained and applied for in relation to the administration of a deceased person's estate.

All Grants of Representation are made electronically. The Supreme Court no longer issues parchments or hardcopy Grants.

If you require further information, read our article, What is Probate?

How can Sharrock Pitman Legal help?

If you have any queries or require assistance with this process, please do not hesitate to get in touch. We have an Accredited Specialist in Wills and Estates Law, and we are well equipped to advise and assist you with the application process or any other issues you may be experiencing. Please call us on 1300 205 506 or by email at willsandestates@sharrockpitman.com.au.

The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.

Liability limited by a scheme approved under Professional Standards Legislation.

For further information contact  
Binay Prasad

Binay Prasad is a Senior Associate of Sharrock Pitman Legal and an Accredited Specialist in Wills and Estates law.

Binay has over 10 years of experience in the field of wills and estates and has a particular interest in complex estates involving business, family trusts, and SMSFs. Binay also has experience in family law, which complements his wills and estates practice. For further information, contact Binay on his direct line (03) 8561 3329 or by email, binay@sharrockpitman.com.au.

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