In Australia when a person passes away the legal requirements can be quite overwhelming for the remaining family members.
In Queensland and NSW it is a requirement to advise the Supreme Court and seek a grant of probate for those passing away having left a valid Will or a Letter of Administration for those passing away intestate.
What does “probate” mean?
Probate is the term in common law used to describe the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of thedeceased.
What does “Letter of Administration” mean?
The common law process used to settle the estate according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.
What does “intestate or intestacy” mean?
When a parson passes away without having left a valid Will that person is said to have passed away intestate.
In either of these cases it is a requirement to make application to the Supreme Court for a grant of probate or letter of administration before any assets of the estate can be distributed.
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