Why would I need a Grant of Probate or Letters of Administration?

You may need to obtain a Grant of Probate or Letters of Administration because some people or organisations holding assets of the deceased estate will not release them without sighting a Grant of Probate or Letters of Administration.Below are listed some common types of property. Depending upon the circumstances, you may not require a Grant of Probate or Letters of Administration.

Accommodation bondsIn WA, generally a Grant of Probate or Letters of Administration will be required before an accommodation bond will be paid to deceased estate. Each aged care facility have their own policies, so its best to contact them first.

Bank accountsBank accounts held jointly with another person do not form a part of the deceased estate. Joint account holder is entitled to transfer funds to another bank account.For a bank account of deceased which was in their sole name, each bank has their own policies in relation to deceased estates. Contact bank first, as you may not need a Grant of Probate or Letters of Administration.

BoatsIn WA, the ownership of boats may only be transferred by the Department of Transport from the deceased estate once the Grant of Probate or Letters of Administration has been completed.

Cars & trailersIn WA, the ownership of cars and trailers can be transferred by the Department of Transport from the deceased estate without the need for a Grant of Probate or Letters of Administration. A statutory declaration form must be completed.

FirearmsIn relation to guns, its best to check with the police as there may be different issues for licensed and unlicensed guns and the legal requirements may vary between each State and Territory.

Houses & land – Joint tenantsIn WA, if a house or land was owned as “joint tenants”, the property may be transferred by Landgate from the deceased estate into the name of the other joint tenant without the Grant of Probate or Letters of Administration.

Houses & land – Tenants in commonIn WA, if a house or land was owned as “tenants in common”, the property may only be transferred by Landgate from the deceased estate into the name of another person once the Grant of Probate or Letters of Administration has been completed.

Legal proceedingsIf the deceased was a party to legal proceedings at the time of death, it will depend upon the type of case whether the proceedings are unable to be continued by the deceased estate. You should obtain legal advice.

Life insuranceLife insurance payments may not form a part of the deceased estate. If there are stipulated beneficiaries under the life insurance policy, the payments may go directly to the beneficiaries and therefore these moneys do not form a part of the deceased estate.

SharesIn relation to shares, generally shares can be transferred from the deceased estate to a beneficiary of the will without the need for a Grant of Probate or Letters of Administration. Contact the company’s share registry or check the share registry website for a form to transfer shares from a deceased estate.

Superannuation

A deceased person’s superannuation death benefits will only form a part of the deceased estate if:

• the deceased person has signed a valid binding death benefit nomination which directs trustee of superannuation fund to pay death benefit to Executor / Executrix

• if there is not a valid binding death benefit nomination, trustee of superannuation fund exercises their discretion to pay death benefits directly to one or more of deceased person’s dependants.

Tax debts

Depending upon the circumstances, it may not be necessary to obtain a Grant of Probate or Letters of Administration. The Australian Taxation Office may allow you to finalise the tax affairs of the deceased once you have obtained the death certificate.

Need assistance with a Grant of Probate or Letters of Administration

The team of experts at Probate WA Lawyer can prepare the Court documents necessary for a Grant of Probate or Letters of Administration. Call Robson Hayes Legal on (08) 9322 2256 or email us at contactus@probatewa.lawyer to discuss your probate and deceased estate issues.