Blog

Difference Between Grant of Probate and Grant of Letters of Administration

23 March 2023

BY Dylan Ong

Losing a family member to death is not a pleasant experience. The added responsibility of having to manage their estate—the money, property, and liabilities of a deceased person—during the mourning period also adds onto the stress and emotional turmoil. Unfortunately, someone has to take charge of these matters and distribute the assets in accordance with the law no matter how tormenting it is.

Before commencing the distribution of assets, a Grant of Probate or a Grant of Letters of Administration has to be applied for. These are legal documents that authorise a person related to the deceased to manage his/her estate. However, depending on the size of the estate, obtaining these grants may not always be necessary. To effectively manage the estate of a loved one, it is crucial to understand the differences between these two grants, as they can impact the legal requirements and responsibilities involved in the process.

What is a Grant of Probate?

When a person passes away and the deceased person has a valid will drafted, the appointed executor(s) will need to apply to the court for a Grant of Probate, which is a court document that confirms that will’s validity and authorises the executor(s) to carry out the instructions outlined in the will.

To obtain the Grant of Probate, the executor(s) must present evidence to the court to demonstrate that the will is valid and they are the rightful executor(s) named in the will. A number of other documents such as the Caveat and Probate Search, Administration Oath, Schedule of Assets, and more, need to be filed as well.

Once the court grants probate, the executor(s) become legally authorised to access and distribute the deceased’s assets, pay off any debts or taxes owed, and ensure that the deceased’s final wishes are carried out accordingly.

A Grant of Probate is necessary only when the deceased’s estate is valued over $50,000. If the estate’s value is lower than $50,000 and has no outstanding liabilities, the executor(s) can opt to apply for the Public Trustee to administer the estate. Throughout the process, it is essential for the appointed executor(s) to seek legal advice and guidance from a probate lawyer to fulfil their legal and ethical duties and responsibilities.

What is a Grant of Letters of Administration?

If the deceased did not leave behind a valid will, the beneficiaries of the estate or the probate lawyer hired by the deceased’s family must apply to the court to obtain the Grant of Letters of Administration in order to distribute the assets. This grant authorises an appointed administrator to manage the distribution of the deceased’s assets. The administrator must identify and locate all potential beneficiaries of the estate and ensure that the assets are distributed fairly in accordance with the laws governing the Intestate Succession Act. To obtain the grant, the administrator must provide evidence to the court, showing that they are the rightful person to manage the estate and have a legal and moral obligation to distribute the assets of the deceased to the rightful beneficiaries.

Navigating complex legal procedures during a mourning period can be stressful and emotionally draining. Therefore, it is advisable to engage the help of a probate lawyer instead of handling it alone. With a probate lawyer’s assistance, you can ensure that the application process and distribution of the estate are conducted in a legal manner, helping you go through the legal procedures with confidence and ease. Contact the lawyers at Quahe Woo & Palmer today for more legal assistance.