Probate and Letters of Administration
Grants of Representation: Grant of Probate or Letters of Administration
When a person dies leaving behind property, assets, debts or a combination of the three, (known as the ‘estate’) these need to be managed and finalised by someone. Grants of Representation are a notice to the world from the Supreme Court that the person has the legal right to administer the estate of the deceased, acting as their legal personal representative.
Types of Grants of Representation
There are two main types of grants of representation: Grant of Probate and Letters of Administration.
A Grant of Probateis applicable where the deceased left a valid Will. It a legal document that certifies that a Will is valid and can be acted upon by the nominated person or people. In this scenario, the individual(s) nominated in the Will to act as executors will apply to have a Grant of Probate issued to them.
On the other hand, Letters of Administration are issued where the deceased did not leave a valid Will, or where the nominated executors are unable or unwilling to act as executors of the estate. In these circumstances, the deceased’s next of kin will usually nominate themselves and apply for letters of administration to manage the deceased’s affairs and administer their estate.
The executor or administrator is responsible for ensuring that any debts are paid and that any remaining assets are either distributed according to the deceased’s wishes (where there is a Will) or where there is no Will, in accordance with the laws of intestacy.
How we can help you.
The death of a loved one is an emotional and stressful time. We understand this and strive to make dealing with the deceased’s estate as simple and straightforward as possible. We provide clear and concise advice, deal with banks, aged care facilities, superannuation funds, life insurance funds and other institutions on your behalf so that you and your family focus on what matters to you.
At all times we operate at your pace to ensure that you aren’t overwhelmed at this emotional time.