What is a Grant of Probate or a Grant of Letters of Administration?

A Grant of Probate of a deceased’s will, a Grant of Letters of Administration with the will annexed (is the appropriate grant to apply for in circumstances where there is a defect with the will such as the will was invalidly witnessed or the appointed executor is unwilling or unable to act) a Grant of Letters of Administration (in the case where the deceased did not have a will and therefore died intestate) are documents which are sealed by the Supreme Court of South Australia recognising the applicant’s authority to deal with the estate of a person who has passed away. A Grant of Probate or a Grant of Letters of Administration is required before an executor of the will or the administrator of the deceased’s estate is able to call in the assets of the deceased’s estate, administer and distribute it. What are the Duties of an Executor? An executor (or executors in some cases) appointed in a will has legal responsibilities and fiduciary duties to the estate and its beneficiaries. The executor’s duties are important in that, the executor is expected to locate all the assets of the estate, administer the estate by attending to the payment of all debts, taxes and testamentary expenses, including the costs of the funeral and any legal costs associated with the application for the Grant of Probate and lastly to distribute all the assets of the deceased’s estate in accordance with the will. Before an executor is able to administer and distribute the estate, the executor must obtain a Grant of Probate by lodging legal document with the Supreme Court of South Australia. If you need legal advice, please contact us on 08 8368 7000.