Probate and Letters of Administration – What are the differences?

by | Jul 6, 2018 | Family Law Fact Sheets

Elderly couple holding baby and young boy

When a person dies it is often the case that a Grant of Probate or a Grant of Letters of Administration is required for the Estate to be distributed to beneficiaries. There are four types of Grants that the Supreme Court can issue:

  1. Probate- Meaning the deceased died with a valid will in existence and there is an Executor;
  2. Letters of Administration (with the Will)- Meaning that the deceased died with a valid will in existence but the Executor is unable to fulfil their duty;
  3. Letters of Administration (Intestacy)- No valid will in existence;
  4. A reseal of a Grant.

Often institutions such as banks, share companies, superannuation or insurance companies require a Grant before they distribute the assets in accordance with the Grant especially when the asset in question exceeds $50,000 (although it is up to the discretion of the company).

A Grant of Probate is a document issued by the Supreme Court which confirms that the Deceased has a Will which was valid and that the Executor is entitled to administer the Estate to the nominated beneficiaries.

A Grant of Letters of Administration (Intestacy) is a documents issued by the Supreme Court which confirms that the Deceased did not leave a Will and request that a person or persons be appointed as the Administrator of the Estate allowing them to distribute the assets. In order to obtain a grant of Letter of Administration it is necessary to contact all relevant institutions and solicitors to enquire as to the possible existence of a Will before making an Application.

To obtain a Grant of Probate or Letters of Administration there are necessary steps that need to occur such as:

  1. Publishing a Probate or Letters of Administration notice;
  2. Writing to each asset/liability company to ascertain the Estate;
  3. Completing all necessary documents and making an application;
  4. Responding to Requisitions from the Court;
  5. Calling in the assets;
  6. Waiting until 6 months after the date of death to distribute;
  7. Distribute Estate.

The loss of a loved one is exceptionally stressful and it is recommended that you obtain advice as to what Grant is necessary to distribute the Estate.

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