When someone close to you passing away, there are a few things that need to be done in order to allow the deceased’s wishes to be carried out correctly.
Even if the person who passed away had a Will set up, things may not be as simple as just following those instructions. If they had any significant assets that they were the sole owner of, a process called probate may need to be followed.
What is probate?
Probate is essentially a court order that says the Will is valid and needs to be executed. The probate (also called a Grant of Probate) process can vary by state and relevant guides to each state can be found at in this article.
Will I need Probate?
You may be wondering if probate is necessary for you in your current situation, as it is not always crystal clear.
Usually, if assets were owned only by the deceased person (not a jointly owned asset such as a joint bank account or house), the financial institution may require a grant of probate before they release the assets to be distributed according to the Will.
If the assets were jointly owned or had another person’s name as an owner as well, probate is usually not required, as the assets can be transferred to the 2nd owner.
Who Applies for Probate?
The executor of the will is the person who will need to apply for a grant of probate from the Supreme Court. Is it typically best practice to have a lawyer help with the application of probate as the application can be a bit complicated.
Can I Apply for Probate?
If you are the executor of a Will and have determined that you need to apply for probate, exactly how to do it will depend on what state you are in. While the probate process can be complex, it is necessary to ensure the Will of your deceased loved one is carried out properly so don’t put it off!
- Australian Capital Territory
- New South Wales
- Northern Territory
- South Australia
- Western Australia
Need an Estate Planning Lawyer?
We understand you’ve got a lot to deal with right now – especially if you’re responsible for managing the affairs of your loved one.
When the funeral is over, you may need to apply for the right to deal with your loved one’s estate: their property, money and possessions. Let us help.
We can connect you with probate and estate planning experts to help you organise your estate and create the legal documents to protect you and your loved ones should you fall ill or pass away unexpectedly.
eziFunerals supports individuals and families cope with end of life decisions, death and funerals. We are an independent, Australian-owned and operated company. We are not part of any other funeral company.
Our member Funeral Directors operate in Sydney, Melbourne, Brisbane, Perth, Adelaide and Australia wide. They are chosen for their knowledge, quality, service, personalisation and experience. They go above and beyond, and will take the time to support the family.
For more information or to make contact with a trusted Independent funeral director, call eziFunerals on 1300 236 402 or visit www.ezifunerals.com.au.