A Grant of Probate legally recognises an individual as the executor of the deceased's estate. The appointed individual manages the deceased's property. This includes distributing the estate to the beneficiaries after payment of the deceased's debts and other expenses.
You can apply for a Grant of Probate if both of these conditions are met:
Before you apply for a grant, find out:
This is the process of filing an application for probate for cases where the deceased left a valid will and you are the executor(s) named in it.
For other types of probate cases, you may wish to seek legal advice.
File an application for probate
Find out the documents you need to prepare and the steps to file for a Grant of Probate.
File the further supporting documents
After filing the application, you will need to file further supporting documents. If your submissions are in order, the court may grant the application without a hearing.
(If needed) Attend a probate hearing
You may need to attend court in some cases, for example, if your documents are incomplete.
Issuance of the grant
After the court has approved your application and all relevant supporting documents including the Schedule of Assets, the court will issue the Grant of Probate. Grants are issued electronically. If required, you may also request a printed grant (a physical grant with an embossed court seal).
If the organisation holding the deceased's assets requires a certified true copy of the grant to deal with the assets, find out how to apply for a certified true copy .
File an application, if needed
If you are not satisfied with a decision made by the court, you may file an appeal.
You do not need a lawyer to represent you when filing for a Grant of Probate. However, you may choose to engage one if you need independent legal advice. The courts are not able to provide legal advice or recommend lawyers. Find out where to get help.
Legislation associated with this topic includes: