Resealing a Grant of Probate or Letters of Administration is relevant when a person has passed away and owned assets in multiple Australian states.
A Grant of Probate is usually required if a person passes away and has a Will. If someone passes away and doesn’t have a Will, their Estate would be dealt with in accordance with the laws of intestacy and a Grant of Letters of Administration would be required instead.
Nowadays, it has become increasingly common for people to own assets in different States and Territories across Australia, as well as overseas. As a result, multiple Grants of Probate or Letters of Administration may be needed to deal with assets of an estate held in different places.
To streamline this process and avoid the Executor or Administrator needing to make the same application in different jurisdictions, each Australian State and Territory has a process to “reseal” a Grant of Probate or Letters of Administration made in a different State or Territory.
A reseal of a Grant is an acknowledgment that a Grant made by the Supreme Court in another State or Territory is valid in the current State or Territory.
The document looks very similar to a regular Grant of Probate or Letters of Administration. It will have the stamp of the relevant Supreme Court and be signed by the Registrar of the Probate office. Depending on the format of the original grant and how you submitted the grant to the court, the resealed grant will have the stamp of the original court, as well as the court where the grant was resealed, and be viewed as one original document.
In New South Wales, Queensland, the Australian Capital Territory and Western Australia, the reseal is issued as a paper document. In Victoria, the reseal is an electronic document that can be accessed online.
In most States and Territories across Australia, you cannot deal with assets owned by a deceased person in a different State without first obtaining a reseal of the grant in that State.
Example: If someone held most of their assets in Victoria but owned an investment property in New South Wales, the Executor or Administrator might need to apply for a grant in Victoria. They would then need to have that grant resealed in New South Wales to deal with the New South Wales property.
If you obtain a Grant of Probate or Letters of Administration in an Australian State or Territory, you can apply to another Supreme Court in Australia for a reseal of that grant.
Australian courts can also reseal Grants of Probate or Letters of Administration made in some other countries. Generally, an Australian court can reseal a grant if it was made by a court in ‘Her Majesty’s Dominion’. This includes most Commonwealth countries, but each Australian State and Territory has a slightly different list of foreign grants they can reseal.
The process of applying for a reseal is similar to applying for a Grant of Probate or Letters of Administration. The court will require the original grant (or a court-certified copy of the original grant), with an Affidavit in support of the application for a reseal. Some States also need a copy of the inventory of assets and liabilities with the original application.
Once lodged with the court, they will review the application and issue the reseal. Processing times for reseal applications are similar to those for new applications for Grants of Probate or Letters of Administration.
Learn more about the reseal process with our affiliate firm, Safewill Legal, or call the Safewill Legal team on 1300 942 586.
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