Deceased Estates – Reseal of Grant of Probate
When a loved one passes away and leaves behind property or assets in multiple countries, managing their estate can quickly become overwhelming for family members and relatives. This is especially true when a grant of probate or letters of administration issued by a foreign court cannot be directly used in Australia to deal with assets located here.
In such cases, the process known as a reseal of a grant of probate is required to handle the deceased’s property or assets within Australia.
What is Probate?
Probate is the legal process of proving the validity of a deceased person’s will in court. Once probate is granted, the executor named in the will is authorised to manage and distribute the deceased’s assets according to their wishes. Responsibilities include:
Collecting the deceased's assets.
Paying debts and liabilities.
Distributing the remaining assets to beneficiaries.
What are Letters of Administration?
Letters of administration are issued by the court when a person dies intestate (without a valid will). This document authorises an administrator to handle the deceased’s estate. The administrator ensures that the estate is distributed according to the laws of intestacy, including:
Identifying eligible beneficiaries.
Collecting and managing the estate's assets.
Settling debts and liabilities.
What is the Administration of an Estate?
The administration of an estate involves collecting, managing, and distributing a deceased person’s assets in accordance with their will or the laws of intestacy. This process includes:
Lodging necessary documentation with the court.
Paying outstanding debts, taxes, and liabilities.
Ensuring beneficiaries receive their entitlements.
Both executors and administrators are tasked with handling the estate in a fair, lawful, and efficient manner.
What is a Reseal of a Grant of Probate?
A reseal of a grant of probate (Reseal) is the legal process of validating a foreign probate in an Australian court. This is necessary when the deceased owned assets in Australia—such as property, shares, or bank accounts—and their probate was granted in another country.
Essentially, a Reseal allows the foreign probate to be legally recognised in Australia, enabling the executor or administrator to manage and distribute the Australian-based assets.
Why Do You Need a Reseal?
A reseal of probate is often required for the following reasons:
1. Deceased Assets in Australia and Overseas
If the deceased owned assets such as property, bank accounts, or shares in Australia, an Australian court must validate the foreign probate to allow access or transfer of those assets.
2. Legal Compliance Across Jurisdictions
Legal systems vary across countries. A Reseal ensures that the foreign probate or letters of administration comply with Australian laws, enabling the proper administration of the estate.
3. Avoiding Delays and Complications
Without a reseal, transferring or accessing assets in Australia can become a lengthy and complex process. A Reseal streamlines the administration of the deceased’s estate within Australia.
How to Obtain a Reseal in Australia
The process of obtaining a Reseal involves submitting the following documents to the appropriate court in Australia:
The original foreign grant of probate or letters of administration (or certified copies).
A formal application for the reseal.
Supporting documents, such as the death certificate and details of the deceased’s Australian assets.
Given the intricacies of legal systems and the documentation involved, professional legal assistance is highly recommended.
Why Seek Professional Help?
Handling a Reseal can be complex due to varying legal systems, procedural requirements, and potential delays. Engaging a qualified estate lawyer experienced in probate and deceased estates ensures:
The correct preparation and submission of required documents.
Guidance through the legal process to avoid costly errors or delays.
Representation to simplify your involvement, allowing you to focus on other priorities.
How JK Lawyers Can Help
At JK Lawyers, we understand the emotional and practical challenges of managing a deceased estate, especially when dealing with assets across multiple jurisdictions. Our team provides:
Expert Guidance: We handle the legal complexities of obtaining a reseal on your behalf.
Personalised Support: We tailor our services to meet the specific needs of your case.
Efficient Solutions: Our experience ensures a smooth and timely process, helping you access and distribute the deceased’s Australian assets without unnecessary delays.
If you require assistance with a Reseal of Grant of Probate, contact JK Lawyers today at (03) 9562 2662 or via email at admin@jklawyers.com.au. We’re here to provide compassionate, professional support every step of the way.