Untitled document

Process of Applying for a Grant of Probate

When a person passes away, his credits must be cleared and his estate should be managed and allocated to the right heirs. If the departed wrote a will, then the executor identified in the Will is the one responsible for administering the deceased estate. But before the executor can fulfill his tasks, he may need to apply for a grant of probate. Probate is the practice of determining the validity of the Will. The executor will need to submit his application to the court of probate which will certify the authority of the executor to accomplish the terms of the will. The grant can be presented to some financial institutions such as banks to acquire properties owned by the deceased. Here are a number of pointers on how you can obtain a grant of probate.

There are several documents that have to be submitted to the Court before probate is awarded. These consist of the death certificate, affidavit from the executor and the inventory of the assets and liabilities of the departed. The affidavit should explain the intention of the executor to apply for probate and that there is positively no probable reason why probate should not be granted. Additionally, it must also mention that the estate shall be handled according to the law.

The listing of total assets and liabilities must be affixed to the affidavit detailing the assets and liabilities of the deceased during the time of his death. The list is generally divided into several categories including movable properties, immovable properties and unpaid debts. It must also be declared whether those assets and debts are found in or out of Australia. The difference between immovable and movable properties can be complex and if there are any doubts, it is crucial to seek advice from a legal professional.

Typically, immovable properties include land and buildings and everything else is usually regarded as movable. Bank accounts are categorized as movable property. List every bank account possessed by the deceased along with the name of the bank, bank account number and the total funds in the account at the day of the deceased’s death.

Generally, if there are no complications found in your request, the Probate Court will give you the grant in a matter of 3 to 6 weeks. You may also advise the Court in writing if there is any specific reason why your application must be dealt with quickly.

It is important to bear in mind that the application for probate is time consuming and complicated. You must always look for legal guidance or professional estate administration services when in doubt.

If you are looking for dependable deceased estate administration services in Perth, simply check out estateadmin.com.au.

Leave a Comment


Previous post:

Next post: