GRANT OF REPRESENTATION: UNDERSTANDING PROBATE & ESTATE ADMINISTRATION IN AUSTRALIA

Grant of Representation: Understanding Probate & Estate Administration in Australia

Grant of Representation: Understanding Probate & Estate Administration in Australia

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Losing a loved one is never easy — and while grieving, the responsibility of managing their estate can feel overwhelming. That’s where the Grant of Representation, including probate and estate administration, comes into play. These legal processes ensure that a deceased person’s assets are distributed lawfully and according to their wishes.

Whether you're an executor, a next of kin, or simply want to understand your rights, this guide will help you navigate this complex area with clarity.

What is a Grant of Representation?

A Grant of Representation is a legal document issued by the Supreme Court that gives a person the authority to manage a deceased person’s estate. There are two main types:

  • Probate: Granted when the deceased left a valid Will and named an executor.

  • Letters of Administration: Granted when there is no Will, or the executor is unwilling/unable to act.

Both grants give the appointed person legal permission to:

  • Access bank accounts

  • Sell or transfer property

  • Pay debts

  • Distribute the estate to beneficiaries

When is Probate or Administration Needed?

A grant is typically required when:

  • The estate includes significant assets (e.g., real estate, large bank accounts, shares)

  • Financial institutions or government agencies request a grant before releasing funds

  • There is no surviving joint owner of key assets

  • A Will exists and needs to be validated

Small estates or jointly held property may not require a formal grant — but legal advice can help you decide.

Probate Process: Step-by-Step

  1. Locate the Will
    Ensure you have the original, signed Will.

  2. Advertise the Intent to Apply
    In Victoria, a public notice must be published online 14 days before filing.

  3. Lodge the Application
    File with the Supreme Court including the Will, copyright, inventory of assets, and executor affidavit.

  4. Receive the Grant of Probate
    Once granted, you can begin collecting and managing the estate.

  5. Distribute the Estate
    Pay any debts and taxes, then distribute assets as outlined in the Will.

Letters of Administration (No Will)

When someone passes away intestate (without a valid Will), the closest next of kin (e.g., spouse, child, parent) can apply for Letters of Administration. The process is similar to probate but can be more complex, as the estate will be distributed according to intestacy laws, not the deceased's wishes.

Why You Need Legal Guidance

While applying for a Grant of Representation may seem straightforward, legal complexities can arise, especially when:

  • The Will is unclear or disputed

  • Multiple beneficiaries are involved

  • There are overseas assets

  • Debts or tax liabilities are uncertain

An experienced lawyer ensures the estate is administered correctly, avoiding delays, disputes, and personal liability.

Trust Shan Lawyers for Probate & Estate Administration

Whether you're navigating probate for the first time or dealing with a complex estate, you don’t have to go through it alone.

Shan Lawyers are trusted experts in probate, estate administration, and all areas of wills and succession law. They offer compassionate, clear, and efficient legal support to help you fulfil your duties and protect your loved one's legacy.

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Let Shan Lawyers guide you through the process — with care, clarity, and confidence.

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