How to apply for probate

A Probate is the court document that confirms that a will is valid. It gives the executor appointed under the Will the authority to administer the deceased’s estate. Probate is usually required before an estate can be administered in accordance with a Will.

This section is a basic guide as to the process of applying for probate including how it relates to the payment of Inheritance Tax.

We also examine the difficulties that could arise in an application for probate and in what circumstances should a solicitor be instructed.

In some circumstances, an executor may personally be held liable if the Will is challenged.

In the future we will be covering the following topics:

What information is needed for the executor to administer the estate?

Written by Terry Johansson | 13th September 2013

The executor will need to determine the extent of the deceased’s Estate by going through the deceased’s personal papers to discover the nature and whereabouts of the deceased’s assets and liabilities. The deceased’s last tax return is usually a good place to start. Assets include real property such as houses...

Will Challenges: can the executor be personally sued?

Written by Terry Johansson | 13th September 2013

It is becoming increasingly common for people to challenge a Will, claiming that in some way they have not been properly provided for in the Will, or that it is unfair in some other way. These claims are called ‘claims for further provision’ or ‘Family Provision’ claims. Anyone who wishes...

Applying for probate

Written by Terry Johansson | 13th September 2013

The executor may be required to advertise his / her intention to apply for Probate. This is done by placing an advertisement, with the required wording, in the Public Notices section of a newspaper circulating throughout the State in which the deceased lived or a newspaper approved for the area...

Is a grant of probate necessary?

Written by Terry Johansson | 13th September 2013

If there is a Will, it is usually necessary to obtain a grant of Probate, and to distribute the assets in accordance with the terms of the Will. If there is no Will, it is necessary to obtain Letters of Administration to distribute the assets in accordance with the Intestacy...

Who registers the death of the deceased and makes the funeral arrangements?

Written by Terry Johansson | 13th September 2013

The death must be registered with the Registrar of Deaths in the State in which the deceased died. There may be a time limit for this to occur so you should check the requirements of your State’s Birth, Deaths and Marriages department. The registration can be delayed in some circumstances...