Probate Letters of Administration Grant of representation estate lawyer legal queensland australia brisbane

Probate or Letters of Administration – What should you be applying for?

Author: Chloe

Dealing with a loved one’s estate can be challenging, especially if you need to obtain a grant of representation. To assist those with questions in relation to a grant of representation, and whether it is necessary to obtain such a grant, I have outlined some questions that I am often approached with.

What is a grant of representation?

A grant of representation is a document which is provided by the court confirming the authority of an individual to administer and deal with a deceased person’s estate.

What type of grant of representation do I need?

The type of grant to be applied for will depend on the circumstances. Generally, there are three types of grants:

  • A grant of probate – this grant applies where there is a written will, and the executor named in that will is making the application for the grant;
  • A grant of letters of administration with the will – this grant applies where there is a will, but someone other than the named executor is making the application for the grant; and
  • A grant of letters of administration on intestacy – this grant applies where no valid will was written, but an authorised person is making the application for the grant.

How do I know if I need a grant of representation?

There are many circumstances where it will be necessary for a person (whether the executor or other authorised person) to apply to the court for a grant of representation. Some examples of situations where a grant of representation is necessary include:

  • where the deceased owned real property;
  • where the deceased held a bank account with a balance over a certain amount (the threshold amount is generally set by the individual financial institution);
  • where an accommodation bond was held on behalf of the deceased by a nursing home;
  • where the deceased held shares over a certain value.

Generally, you will be notified by the relevant institutions that a grant is necessary.

If you have any questions or you are unsure whether you are eligible to apply for the grant, please do not hesitate to contact me.