A grant of probate is an authority given by the Supreme Court that allows an Executor to manage a deceased's person's property, such as dealing with the deceased's bank accounts and real estate. It’s a Court confirmation that the Will is the last and valid Will of the deceased.

If a person passes away, it will be necessary for the Executor named in the Will to collect and distribute that person's property. If a person dies leaving a valid Will, then an Executor may need to apply for a grant in order to deal with that person's property. If a person dies without leaving a valid Will, then a family member may need to apply for Letters of Administration in order to deal with that property.

You may not be able to apply in some situations, for example:

• There is no Will or the original Will cannot be found;

• You are not an Executor named in the Will;

• The Will has not been signed and witnessed.

If any of the above circumstances apply to your situation, then you may be able to apply for Letters of Administration.

To apply for a grant, the Executors named in the Will need to submit an 'Application for Probate' to the Supreme Court. You must be one of the Executor(s) named in a valid Will to get Probate. If you are not one of the Executor(s) but you are the closest living relative, you may still be able to obtain an authority to manage the estate.

Amongst other things, like arranging the funeral, you may need to get probate before you can manage the deceased's estate, such as accessing bank accounts or transferring property.

You need to carry out the deceased's wishes as set out in the Will as soon as possible. See Executor Duties in Australia

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