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Probate

Grant of Probate

Also known as: Probate Grant

The sealed court order confirming a Will's validity and the executor's legal authority to administer the estate.

What it means

A Grant of Probate is the actual sealed document the Supreme Court issues at the end of the probate process. It is the executor's proof of authority — the piece of paper they show banks, the land titles office and share registries to collect, sell or transfer the deceased's assets. It is one type of grant of representation; where there is no Will, the court instead issues letters of administration.

How it's used

The executor (or their solicitor) applies to the Supreme Court in the state where the deceased lived, after advertising an intention to apply and waiting the required notice period. Example: With the Grant of Probate sealed, the executor presented it to the share registry and had the deceased's CBA shares transferred into the estate's name for sale. Application fees and processing times vary noticeably between states.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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