Probate and Administration

Introduction – Who is entitled to apply for a grant of probate or a grant of administration?

Not everyone is entitled to apply for a grant of either probate or administration. Probate is applied for when a person has been nominated as executor. Letters of administration is applied for either when there is no Will or no one is named in the Will to be executor or the named executor is unable or unwilling to apply for a grant.

Probate

Only the person or persons named by the will maker in the Will can apply to the court for a grant of probate.

Administration

If there is no person able to apply for probate all others applications must be for administration. Unless all beneficiaries consent to a specific applicant/s the court will either appoint the major beneficiary or if the major beneficiary is unwilling or incapable of carrying out the required duties the court may appoint the State Trustee or some other qualified administrator.

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