Recent changes to Probate Applications
Posted on September 12, 2018
What is Probate?
When a person passes away he or she usually leaves behind an estate which requires administration. It is the assets comprising the estate which dictate and determine whether the Executor named in the deceased’s Last Will and Testament needs to apply for a grant of Probate.
Probate is simply the process of ‘proving’ a Will by submitting it to Court. Once the Court is satisfied that the Will is, in fact, the last Will of the deceased it will grant Probate to the Executor. The grant is issued by the South Australian Supreme Court Probate Registry (‘Probate Registry’) and enables the Executor to deal with the assets of the estate.
Institutions such as banks, share registries and the Lands Titles office usually require Probate before transferring the assets of a deceased person to the Executor or at the Executor’s direction.
When is Probate required?
Probate is not always necessary as some estates may be administered informally. Generally where there is money or assets held with banks, share registries or nursing homes then Probate will be required prior to transferring such assets. Accordingly, the Executor should make preliminary investigations with each institution as to whether it is prepared to release the asset without Probate. For example, banks may be prepared to release money from a deceased’s account without Probate if the amount concerned is nominal.
If real estate (land and/or residential or commercial property) is involved then Probate will typically be required. However, if the deceased owned land jointly then Probate will not be required. For example, if a couple owns a house as joint tenants Probate will not be required to transfer the house into the sole name of the survivor of them. The same position arises for a jointly owned bank account or jointly owned shares.
How do you apply for Probate?
Applications for Probate must be made in accordance with the Probate Rules 2015. The Rules govern who is entitled to claim a grant of Probate and the manner in which the application must be made. Although personal applications may be undertaken, due to the intricacy of the Rules and associated Forms, it is commonly much easier to instruct a suitably qualified solicitor to prepare such applications.
Important changes to note
From 13 October 2018 the Probate Registry will no longer accept paper applications. All applications must be lodged online and the applicable filing fee must be made by credit card payment only. Additionally, from 26 November 2018 the Probate Registry will no longer issue physical grants of Probate. All grants will be issued electronically.
These dates are crucial for anyone who is the Executor of a deceased estate.
Should you or anyone you know wish to discuss these changes in further detail or require assistance in administering a deceased estate, please contact Lynch Meyer Lawyers.