Probate, in simple terms, is the formal approval from the Supreme Court of South Australia, authorising the Executor named in the Will to do the job tasked of them in the Will.
If the deceased left a valid Will, a Grant of Probate may be required before the executor named in the Will can distribute the estate in accordance with the terms of the Will. The process involves the executor verifying their identity and giving an undertaking to the Court that they will distribute the estate in accordance with the Will (subject to any claims).
Think of it as a “checking station”.
Imagine this scenario:
You are appointed executor of your late mother’s Will. Your mother has a term deposit with her local bank with $300,000 invested. You attend the bank branch and hand over the Will and tell the bank teller that you are the executor named in the Will and request the money standing to the account be handed over to you.
The bank teller is going to want to make sure that you are indeed the person you say you are; that the Will is your mother’s intended last Will and Testament; and that you understand your obligations as an executor.
This is where the Grant of Probate comes in. You, as the executor, formally verify your identity to the Court, disclose all of the assets and liabilities that your late mother died possessed of, produce the original Will to the Court, and promise the Court that you will do what is required of you. Once satisfied of these matters, the Court will provide a Grant of Probate which, in turn, you can take back to the bank who will then give you your mother’s investment.
Our Probate rules are very particular and the process can be difficult if you attempt to go it alone. It is important to seek the advice and assistance of a lawyer that specialises in Probate law.
Probate will not always be required but if the deceased owned significant assets in their sole name at the time of death, Probate will likely be required.
Contact JH Lawyers on 08 8440 2488 to chat to a Probate lawyer today.
FIRST FREE INTERVIEW
Contact Information
Hours Of Operation
Flexible hours - offers out of hours service