Grant of Probate or Administration

Grants of Probate

A Grant of Probate is a court document with an imprint of the seal of the court upon it and setting out brief details of the death of the deceased and appointing an Executor to administrator the estate. Probate can only be granted to a person named in the Will as executor.

Applications for a grant are commenced by Summons to the Supreme Court in each State supported by an affidavit by the executor/s named in the Will. The affidavit contains details about the applicant/s and of the witnesses to the Will maker’s signature and of the assets and liabilities of the estate and who is entitled to a share of the estate.

Grants of Administration

A Grant of Administration or “Letters of Administration” is made in favour of an applicant where no executor was appointed in the Will or the appointed executor/s are unable or unwilling to apply to administer the estate.

The other circumstance where a person applies for Administration is when the deceased left no will. In that case the major beneficiary on the intestacy of the deceased may make an application for a grant in his or her favour. Each State has different rules regarding Intestacy. Please follow this link to find out more.