You may have heard people referring to \u2018probate\u2019 after someone has passed away. Probate is the official proving of a Will and registering it in the Supreme Court of South Australia of the last valid will of the deceased person.<\/p>\n
While executor(s) can apply for Probate directly, it is normally done by a lawyer on their behalf, due to the complexity of the application.<\/p>\n
Do I need Probate?<\/strong><\/p>\n To determine if Probate is required a lawyer will assess the nature of assets and any requirements of institutions holding those assets. For example, most financial institutions will require a Grant of Probate for assets with a value over $50,000.<\/p>\n A Grant of Probate is not required if the all assets of the deceased are held as joint tenants. For example, if a couple have joint ownership of a house (their only asset) Probate is not required if one of the spouses passes away.<\/p>\n If the deceased owns real estate in their own name or as a tenant in common, Probate will always be required.<\/p>\n Applying for Probate<\/strong><\/p>\n The Supreme Court of South Australia Probate Registry requires the following documents when applying for a Grant of Probate:<\/p>\n The filing fee for Grant of Probate varies depending on the gross value of the estate.<\/p>\n There are strict rules and forms to adhere to in the application process and as such an application for a Grant of Probate can, at times, be complex.<\/p>\n\n