This is often relevant where the deceased obtained probate in one Australian state or territory, but owned real estate, bank accounts, shares, or other assets in another state or territory.
What Does Reseal of Probate Mean?
To understand a reseal of probate, it helps to first look at what a grant of probate is.
Probate is the process by which a court accepts a deceased person’s will and grants the executor authority to administer the estate. A grant of probate is typically applied for in the Supreme Court of the state or country where the deceased lived, although the relevant jurisdiction can depend on the circumstances of the estate.
Because court authority is territorial, a grant of probate made in one Australian state or territory does not automatically operate in another. A reseal of probate is the process by which a Supreme Court recognises and formally endorses an existing grant of probate issued by another recognised court. Once resealed, the grant has the same effect in the local jurisdiction as if it had been issued there originally.
When Is a Reseal Needed?
Whether you need a reseal of probate depends heavily on the type of asset and how it was held. Circumstances where a reseal of probate is commonly required include:
- The deceased lived in one state or territory but owned assets in another.
- The estate includes real property in a different jurisdiction.
- A bank, share registry, or financial institution requires local recognition of the grant.
- The deceased obtained probate overseas and left assets in Australia.
Jointly owned assets held as joint tenants generally pass to the surviving co-owner and may not require probate or a reseal.
Some institutions may release relatively small balances without a resealed grant, but this depends on the institution’s own policy and the asset type. Thresholds and requirements vary by institution.
Superannuation and Life Insurance
Superannuation death benefits and life insurance proceeds typically do not automatically form part of the deceased estate, because they are often dealt with under the fund or policy arrangements rather than under the will. However, some trustees or insurers may ask for a grant or other evidence of authority depending on the circumstances.
Which Grants Can Be Resealed?
Generally, resealing is available for grants made in other Australian states and territories, and in some overseas jurisdictions if recognised by the relevant court. The exact list of eligible jurisdictions varies depending on the court and the applicable legislation.
If a grant is not eligible for resealing, the executor may need to apply for a fresh grant of probate or letters of administration in the Australian jurisdiction where the assets are located.
How Does the Reseal Process Work?
While there are nuances in each jurisdiction’s practice and rules, the reseal of probate process typically involves:
- Publishing the required notice of intention to apply, where required.
- Preparing the court documents, including the original grant or a certified copy, the will, and supporting affidavits.
- Lodging the application with the relevant Supreme Court.
- Paying the applicable filing fee.
The process is generally more straightforward than applying for probate from the beginning, but it still requires careful attention to court rules and document preparation.
How Long Does It Take?
The time required for a reseal of probate will depend on the court, the completeness of the application, and whether any issues are raised by the registrar. In straightforward matters, the application may be processed relatively quickly, but delays can occur if documents are missing or further information is required.
Get Help With a Reseal of Probate
If you are an executor dealing with assets in more than one Australian state or territory, legal advice can help you determine whether a reseal is required and what steps must be taken to administer the estate properly.
Our estate administration lawyers can assist with reseal applications, probate matters, and cross-border estate administration matters across Australia.
This article provides general information only and is not legal advice. You should obtain advice based on your individual circumstances. For more information or legal advice specific to your needs, please call 02 9150 6991 or email [email protected].