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Resealing Grant of Probate Across Australian States: A Guide for Executors

  • September 6, 2024

Home " Legal Blog " Wills and Deceased Estate Administration " Resealing Grant of Probate Across Australian States: A Guide for Executors

Resealing Grant of Probate Across Australian States: A Guide for Executors

We assist clients all over Australia to apply for reseal of probate in all Australian states and territories. When a loved one passes away, their estate needs to be settled, and this often involves applying for a grant of probate or letters of administration. But if the deceased had assets across multiple Australian states, an additional legal step called a reseal of probate is necessary so that assets around Australia can be transferred and sold.

What Is a Reseal of Probate?

A reseal of probate is a process where the grant of probate or letters of administration issued in one Australian state or territory is recognized in another. This is essential when the deceased has assets spread across multiple states, as probate laws differ between jurisdictions. Once resealed, the executor can access and manage the assets in the additional state.

When Is a Reseal of Probate Necessary?

If the deceased owned real estate in another state, a reseal is typically required. However, if the assets are not real estate, a reseal may not be needed depending on the value and type of assets. It’s always advisable to seek professional legal advice to determine if a reseal is required. You can book a consultation to speak with our experienced probate lawyers for a quote.

How to Apply for a Reseal of Probate in any Australian state or territory

To apply for a reseal of probate in Australia, you must:

  1. Be the executor or administrator named in the original grant.
  2. Submit an affidavit disclosing the deceased’s assets and liabilities.
  3. Include the original or certified copy of the Letters of Administration or Grant of Probate.
  4. Provide the original Registrar's certificates.
  5. Possibly publish a notice of the application, depending on the court’s requirements. The entire process can take 3-4 weeks, considering the mandatory 14-day advertisement period.

Common Reseal of Probate Issues

There are several challenges executors might face when handling reseals, such as:

  • Unnecessary applications: Filing for a reseal when it isn't required.
  • Wrong jurisdiction: Applying in the wrong state or territory.
  • Missed deadlines: Delays due to incomplete or incorrect applications.
  • Jurisdiction limitations: Applying for reseals from countries outside the Commonwealth Realm.

Always verify the need for a reseal before applying.

  • Be sure to check if recertification is required before applying.
  • Ensure that all documents are accurate and free from errors.
  • Consult with a legal professional to avoid delays and mistakes.

Conclusion

Handling the estate of a loved one with assets in multiple states can be complicated, but understanding the reseal of probate process can help make it smoother. If you’re uncertain about any part of the process, it’s always best to consult with one of our experienced probate lawyers.

Forwarded article.

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