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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.

Contact Our Sydney Family Law Office If You Need Any Help.