Types Of Grants
When a person dies, someone is required to manage their deceased estate. If there is a will, then an executor will have been appointed by the deceased, but before they can begin administering the estate, they require authority from the Supreme Court. A grant is an order that the court provides that allows them access to banking and financial institutions of the deceased so that they can arrange the distribution of the estate to beneficiaries.
One of the grants is called probate
, and it is issued when the deceased has left a will.
The executor will include several documents to support the application to the Supreme court. Once granted, it is a legal document.
When there isn’t a will or the executor appointed cannot perform the role, the court will issue another grant called Letters of Administration
. The document will list the person nominated to administer the estate, generally a close relation. With letters of administration, the assets will be distributed according to intestacy laws, not given to beneficiaries assigned in a will. When there is no will, the estate is divided amongst their direct family members.
What Is In A Probate Record
When applying for probate, several documents are required by the court to accompany the application form. All of the supporting documents are stored together and are called probate records. Probate or letters of administration file will generally contain:
- Copy of the last valid will
- Affidavit from the person administering the will
- Copy of the grant
- The assets and liabilities of the deceased
- Death certificate
How Do You Search For A Probate?
Before applying for probate, an executor is required to complete a notice of intention application with the online probate registry of the Supreme court in the state of residence of the deceased. The intended application notice is published online and electronically filed on the court website.
To find out if a probate application
has been submitted, you can search for the civil file application index on the Supreme court portal called eCourts. In Australia, you can search for the court document using the deceased’s name on the portal.
If a person searches for a copy of a will in probate records before 1992, they do not contain copies of the deceased person’s last will. To obtain a copy of the will and the probate records, you will need to request two files from the public record office or probate office in your state.
The registrar at the Supreme court in every state has the authority to issue letters of administration and grants of probate. Probate legislation falls under state jurisdiction and subsequently may vary from state to state. For example, the legislation for probate in Western Australia is called The Administration Act 1903. In Northern Territory, The Administration and Probate Act NT 1993
empowers the registrar to grant letters of administration or probate of deceased estates with property within the Northern Territory.
Managing deceased estates and wills can be complex and confusing, particularly for family members with little legal knowledge. Obtaining legal advice from professionals with a comprehensive understanding of the legislation is advisable before proceeding with a probate application.
From 2013 all probate notices must be published via the court online registry. As per changes to the supreme court rules 1970, the executor would publish a notice in a local newspaper in the district where the deceased resided or a daily state newspaper.
Each state is responsible for storing probate records, and the process can vary from state to state. Probate records before 2017 can be found at the state government public records office or state archives. The earliest records found are in New South Wales, and some date back to the early 1800s.
If you cant find a copy of the grant of probate, it may be because no probate was issued. For deceased estates with low value, no probate is required. Also, some applications can take longer than others. If you cannot locate the probate, it may not be completed and could still be pending with the Supreme court.
Before someone can begin administering a will, they require authority from the Supreme Court. A probate grant is an order that the court provides that allows them access to banking and financial institutions of the person who died to arrange the distribution to beneficiaries.
When applying for probate
, several documents are required by the court to accompany the application form. All of the supporting documents are stored together and are called probate records.
When probates are granted, details will be published on the online court registry portal, and you can search using the deceased’s name and their date of death.
Each state is responsible for storing probate records, and the process can vary from state to state.
If you can’t locate a copy of the grant of probate, it may be because no probate was issued. For deceased estates with low value, no probate is required.
1. What Is A Probate Notice?
A probate notice is a grant issued by the Supreme court that gives an administrator the authority to administer a deceased estate. Obtaining access to banking and financial institutions of the deceased ensures that they can arrange the distribution of assets to beneficiaries.
2. How Long Does It Take To Get Probate In NSW?
In Western Australia, the court registrar considers the application, and they aim to process the application within four weeks. However, the length of time to process probate can vary depending on which state you reside in, delays at individual courts, and the case’s complexity. For example, in New South Wales, they have an estimation of 2-6 week processing time.
The application forms required for letters of administration can be a little more complex, and subsequently, processing times may be longer than applying for probate.
3. How Can I Find Out If Probate Has Been Granted In NSW?
To find out if probate has been granted in New South Wales, you can check the Supreme court of NSW registry, and a staff member can help you locate the details. To find out if a probate application has been submitted, you can search for the civil file application index on the Supreme court portal called eCourts. Many states and territories in Australia can search for the court document by searching using the deceased’s name on the portal.