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Rachel Weatherly, September 10 2018

I am the executor of an estate and have been told I need to obtain a Grant of Probate. What is probate and why do I need it?

A Grant of Probate is an Application made to a Court by the executor(s) of an Estate to verify that a Will is valid and represents the final testamentary wishes of the deceased.

In South Australia the Supreme Court of South Australia is the Court that has jurisdiction in this area and the Probate Registry deals with the Applications.

A Grant of Probate is usually required when the deceased’s assets are held solely in their name (ie not held jointly with another person) and are of a particular value, usually in excess of $20,000 – $30,000.

A Grant of Probate will always be required where there is real estate held in the deceased’s sole name or held as tenants in common with another party.  It is not required where the real estate is held as joint tenants with another party.

To determine whether you will require a Grant of Probate, you should contact the relevant organisation holding the asset.

A Grant of Probate can be made personally however there are strict Rules and Guidelines in relation to the Application and we would recommend you seek assistance from a Solicitor.

There is a lodgement fee payable on Application and is determined by the gross value of the estate.

Should you have any queries in relation to Probate, please do not hesitate to contact our offices or make an appointment using the Book Online tab on our website.

Written by

Rachel Weatherly

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