Chua Tan Associate Lawyers
  • Contact Us
  • Practice Areas
    • Australian Immigration
    • Family Law
    • Australian Commercial Lawyers
    • Property & Construction
    • Criminal Law
    • Civil Litigation
    • Wills and Probate
    • Mediation services
    • Notary Public
  • About Us
  • en_AUEnglish (Australia)
    • zh_CN简体中文
  • Legal Blog
  • Book for an online legal consultation
  • Divorce Applications Australia | Online Fixed Fee Divorce Applications
  • Wills & estates quote
  • Contact Us
  • Practice Areas
    • Australian Immigration
    • Family Law
    • Australian Commercial Lawyers
    • Property & Construction
    • Criminal Law
    • Civil Litigation
    • Wills and Probate
    • Mediation services
    • Notary Public
  • About Us
  • en_AUEnglish (Australia)
    • zh_CN简体中文
  • Legal Blog
  • Book for an online legal consultation
  • Divorce Applications Australia | Online Fixed Fee Divorce Applications
  • Wills & estates quote
Facebook-f Linkedin

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.

Related Articles

Executor problems in Australian deceased estate administration

Conflicts of interest An

practical issues with estate administration in Australia

Difficulties of estate ad

Key factors for testamentary trusts in Australia

Key factors for testamentary trusts in Australia

Reseal of Malaysia Grant of Probate in Australia

Malaysian Probate Re-establishment in Australia Our Probate

" Previous Page1 Page2 Page3 Page4 Page5 Next "

Why Chua Tan Associates?

Since 1990, our firm has successfully helped thousands of clients resolve their legal issues.

You can rest assured that our lawyers will use their accumulated knowledge and experience to help you achieve the best possible outcome.

Contact Us

Experienced

We are one of the most established law firms in Australia.

History of great results

Our attorneys have extensive experience in all areas of law. We have several bar-certified experts in immigration law.

We act in your best interest

Our lawyers are focused on saving clients time and money by drawing on expertise and providing practical legal advice so clients can worry less and focus on their family.

Contact Us

Do you have a legal issue that needs to be resolved or other issues that require resolution? Contact us and we will help you.

Chua Tan Associates Expert Lawyers

Chua Tan Associates is a General Practice Law Firm. We have extensive experience in a wide number of practice areas including immigration, commercial, family, property and criminal law.

Learn more

Chua Tan Lawyers Pty Ltd
abn: 84 613 093 182

Our Services

  • Immigration Law
  • Family Law
  • Commercial Law
  • Wills & Probate
  • Property
  • Melbourne Criminal Lawyers
  • Civil Litigation
  • Notary Public

Contact Us

  • +613 9602 3988
  • chuatan@tpg.com.au
  • Address: level2, 262 Queen Street, Melbourne VIC 3000
  • WeChat ID: chuatan262
Contact Us

© Chua Tan Associates 蔡庆伟律师事务所 Liability limited by a scheme approved under Professional Standards Legislation.

zh_CN 简体中文
zh_CN 简体中文
en_AU English (Australia)