Probate & Letters of Administration
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What is a Grant?
When someone passes away, it is often the case that the holder of an asset of the deceased will require a Grant to be produced before the holder of the asset will release it to the person administering the deceased’s estate.
A Grant is a document produced by the Supreme Court of Queensland certifying that it recognises a person’s authority to deal with a deceased person’s estate.
Why do I need a Grant?
Before dealing with the estate assets, potential executors and administrators of the estate of a deceased person should ensure that they hold the appropriate authority to administer the estate. A Grant provides the legal authority to a person to deal with the estate’s assets in accordance with the deceased’s will and/or law.
Failure to obtain a Grant may leave you liable to beneficiaries if it is later shown that you are not the appropriate person to be carrying out the administration
What types of Grants are there?
There are three types of Grants available:
- Probate
- Letters of Administration with the Will
- Letters of Administration on Intestacy
What Grant do I need?
The relevant Grant required depends upon whether the deceased left a will or not and whether the person administering the estate is the executor named in the will or another person:
- If the deceased left a will and you are the executor named in the will then you require Probate
- If the deceased left a will but you are not the executor named in the will then you require Letters of Administration with the Will
- If the deceased did not have a will then you require Letters of Administration on Intestacy
If you have obtained Probate, then you are known as an Executor. If you have obtained Letters of Administration, then you are known as an Administrator
How can Certus Legal Group help?
As executor or administrator of a deceased estate, you can retain Certus Legal Group to handle the Grant application process on your behalf. We will collect the information and documents required to make the application to the Supreme Court and prepare all necessary documentation for filing in the Court and advertising in the appropriate publications.
Speak to Certus today