Probate

What is Probate? It is a process where a deceased person’s Will is “proved” in the Probate Registry of the South Australian Supreme Court. The court will need to be satisfied with the Will and testament for it to be valid and genuine before the executor in the will can legally deal with a person’s will. Subsequent to this the court will then issue a Grant of Probate. This Grant lets the executor deal with the deceased person’s assets. For example estates and debts in accordance of the will.

Although a Grant of Probate is not always required, it usually depends on the nature and the deceased’s value of assets. It is often the case that there are instructions to sell or transfer any real estate owed by the deceased. There are situations that do not require to have a Probate, this is the case if the estate only includes low value assets. Most financial institutions or aged care facilities will need a Grant of Probate to release assets valued more than $20,000. If you own any estates is better to have a Will.

Executor(s) named in the will must have an application made to the Probate SA Registry of the Supreme Court of South Australia to obtain a Grant of Probate. The application could be complicated especially if there are defects in the Will or the witnesses could not be contacted. In most cases the executor will instruct a solicitor acting on their behalf to create a probate.

Original documents must be lodged for the application. The Will must not be altered in any way and must be in good condition.

Main documents that are needed for all probate applications:

1. Draft Grant of Probate;
2. Executor’s Oath;
3. Affidavit of Assets and Liabilities with the Statement of Assets and Liabilities; and
4. Certificate of Registrar’s.

Legal fees are paid to a solicitor while the filing fee which is calculation based on the gross value of the estate assets is paid to the Supreme Court.

Please note that this article is not a legal advice and we are not responsible for any action you take.

If you have any questions in relation to Probate, please do not hesitate to contact us on (08) 8410 9069.