Read To Know All About Applying For A Permission of Probate or Administration
If a person dies in Australia with assets, the executor or successor of the deceased may have to apply for granting probate or administration for dealing with the estate. A grant can be obtained in a variety of ways. You have the option of:
- Instruct a solicitor for acting on your behalf
- Authorise any trustee company for acting as executor or administrator
- Make a personal application without a solicitor
If you have any confusion regarding probate Australian capital territory then you can seek advice from the legal representation provided by Probate Australia.
Purpose of a probate
The executor of a certain estate is in charge of gathering the assets of the deceased, paying any debts, and distributing the assets to all the beneficiaries. With a grant of probate the person gets a legal instrument that empowers an executor to control the estate of any deceased person according to his or her desires.
The executor can use this grant of probate to compel people who are currently in possession of the various assets of the estate and debtors to transfer the entire assets or money to the executor.
Grant of probate
It may not be absolutely necessary to get a grant of probate depending on the kind, size, and asset value located in Australia. In every circumstance, there is no legal necessity to pursue probate. Smaller sums of money are frequently released by asset owners without the necessity for probate.
When to apply for probate?
The timeline for filing probate is governed by the Supreme Court Rules of 1970. If a probate application is filed more than six months after the death of the deceased person, the court must be informed of the reason for the delay.
This is accomplished by including an affidavit of the executor or filing a separate affidavit called “Affidavit of Delay”.
An Affidavit of Delay does not have a fixed or recognised form. If you are writing Affidavit of Delay, use UCPR Form 40 and title it “Affidavit of Delay.” In the body of your affidavit, explain why the delay occurred.
Who can apply for probate?
The testator normally names who he or she wants to act as executor in his or her will. It is not feasible to apply for probate if the will does not name an executor. A beneficiary under a will can petition for letters of administration along with the will attached in such instances.
In some cases, the executor will choose the first choice as an executor, but may name an alternate in specific circumstances, such as if the first option has predeceased the testator/is unable/unwilling to perform. If the testator names one or more people as his/her first option and subsequently names another person or people, the initial choice is referred to as the established exclusion.
If the testator names one or more people as his/her first choice and then names another person or people as an alternative, the first option is known as the established executor and the second choice will be known as the substitute executor.
