What is Probate and Administration?
When a person passes away, the executor or administrator of the estate is often require to obtain what is known as a grant of probate or letters of administration.
This is the formal process of proving the will (if there is one) and making sure the executor of administrator is willing and able to take on their role. It also requires the executor or administrator to declare all assets and liabilities of the estate to the Court.
To apply for a grant of probate or letters of administration, various legal documents need to be prepared and then filed at the Probate Registry of the Supreme Court, along with a Court filing fee. There are very strict rules and requirements for these documents, so it is wise to seek the specialist advice of a wills and estates solicitor. Our solicitors can assist you throughout the legal process and will keep you informed along the way.
What is Grant of Probate and Letters of Administration?
Grant of Probate
Probate is the process of formally proving the validity of a deceased person’s will in the Supreme Court of South Australia.
The Court is required to make sure that the deceased person’s will is their true and lawful last will.
Letters of Administration
Letters of administration is similar to a grant of probate. It is the grant required when there is no Will or when there is a will but it does not appoint an executor who is willing and able to act or it does not dispose of all of the deceased person’s estate.