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Probate or letters of administration
Identifying who does what
All of this legal terminology can be confusing, but that’s where our friendly and knowledgeable team can step in. At its most basic level, a Probate grant is a Supreme Court order given to an executor that identifies the executor as the person to deal with the deceased person’s estate. A Letter of Administration is given to someone who isn’t named as executor in the will.
Grant of probate
When a person dies and leaves a valid will, usually a Grant of Probate must be obtained from the Supreme Court of Tasmania for the executor to administer and distribute the estate in accordance with what that will provides.
We can help you understand if you need a Grant of Probate, as well as assist you with other administration tasks, including:
- Completing your application
- Advising on the requirements for a Grant of Probate
- Distributing the estate
- Your duties as an executor
What do I need to apply for probate?
- Summary of estate: assets and liabilities. This will include a summary of any properties owned, outstanding debts, cash and shares, and the value of any other assets such as jewellery or family heirlooms.
- The original will. You'll need to locate the original hard copy signed will - this may be held by a trusted person such as an accountant or lawyer, or it might be stored with the deceased's personal papers. You cannot apply for probate without a will.
- A certified copy of the death certificate. You will need the full death certificate of the deceased person. You can obtain this from your state's births, deaths, and marriages registry.
- You may also be asked to provide originals and photocopies of relevant documents such as birth or marriage certificates and other documents confirming your relationship with the deceased.
What's the process?
Contact us
Either by phone, email, or online. Our probate team is ready to help you.
Gather all of the documents.
The required documents include the deceased's financial information, the title for any real estate, the original Will and the death certificate. Our team can help you with everything else you'll need to apply for a Grant of Probate.
Leave it with us
We'll apply for probate. Our team will complete your application for a Grant of Probate and the other necessary tasks to manage the estate.
Distribution of the estate.
Once probate is granted, our knowledgeable lawyers can also help distribute the estate. Payment will also be made out of the estate (We do not ask for payment upfront. You will be provided with our invoice when probate is granted).
Letters of Administration
Where a person dies without a valid will, usually a Grant of Letters of Administration must be obtained from the Supreme Court of Tasmania in order to appoint an administrator to call in, administer and distribute their estate. The distribution of the estate will be in accordance with what is known as the laws of intestacy. Letters of Administration are also required if there is no available executor.
Our wills and estates lawyers can help you understand if you need Letters of Administration, as well as:
- Completing your application
- Advising on the requirements for Letters of Administration
- Distributing the estate
- Your duties as an executor
What do I need to apply for Letters of Administration?
- Summary of estate: assets and liabilities. This will include a summary of any properties owned, outstanding debts, cash and shares, and the value of any other assets such as jewellery or family heirlooms.
- The original will. You'll need to locate the original hard copy signed will - this may be held by a trusted person such as an accountant or lawyer, or it might be stored with the deceased's personal papers. You cannot apply for probate without a will.
- A certified copy of the death certificate. You will need the full death certificate of the deceased person. You can obtain this from your state's births, deaths, and marriages registry.
- You may also be asked to provide originals and photocopies of relevant documents such as birth or marriage certificates and other documents confirming your relationship with the deceased.
Matters like this can be a complex process at a very stressful time. If you need Letters of Administration, we will help you with the process and take what we can of the administrative burden from you.
