Probate is the process of obtaining permission from the court to execute someone’s Will and settle that person’s estate. Probate is necessary when property is involved and the specific process can vary between States and Territories in Australia.
Before applying for probate, you must first assess if it is required based on the assets held and the requirements of the institutions holding those assets. If a probate is required, it is then required in most cases to advise your intention to apply for a grant followed by a mandatory waiting period. After this period has passed (if applicable), you are able to apply for probate through the process outlined by the courts in your State or Territory. Over 90% of applications are filed by solicitors, but it is stated in most cases that an individual is welcome to complete the process on their own. Once the estate is established and the grant of probate has been completed, the administrators of the estate are free to decide on how the assets are to be administered either through mutual agreement or through each party’s representation.