A Practical Guide to Navigating the Court Process in Estates Matters
When a loved one passes away, dealing with their estate can feel overwhelming – not just emotionally, but legally. One of the first hurdles many people face is understanding what authority they need to manage the deceased’s assets.
In most cases, the Supreme Court of the state or territory where the estate’s assets are located will need to issue a Grant of Representation. This grant is the Court’s formal recognition that the person to whom it is granted is legally entitled to collect, manage, and distribute the estate.
But here’s the catch: there are two main types of Grants of Representation – and knowing which one applies to your situation can make all the difference.
1. Grant of Probate
If the deceased left a valid Will, the Executor named in the Will likely requires a Grant of Probate.
Think of probate as the Court giving the Will its official seal of approval. It confirms that:
- The Will is valid, and
- The executor named in the Will has the authority to carry out its instructions.
2. Grant of Letters of Administration
If there’s no Will, things work a little differently.
In these situations, the Court appoints someone — usually the next of kin — Letters of Administration upon that person making an application.
Letters of Administration provide the ‘administrator’ authority that is similar to that of an executor who has been appointed by Will.
The administrator is required to distribute the estate in accordance with the ‘intestacy provisions’ which set out who is entitled to receive a benefit from an estate in the absence of a Will.
Which One Is Right for You?
The simplest way to decide is to ask one question: Did the deceased leave a valid Will?
- Yes → Apply for Probate
- No → Apply for Letters of Administration
There are some exceptions to this, so it’s important to confirm.
We’re Here to Help
At Farrar Gesini Dunn, we understand that dealing with an estate isn’t just a legal process — it’s an emotional one. Our experienced Wills and Estates lawyers can guide you through the requirements, paperwork, and Court process, making sure you know exactly what to do next.
If you’re unsure which type of grant you need, give us a call for a free, no-obligation chat. We’ll help you find the right path forward.
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Article By: Gillian Hunter
Partner – Estate Lawyer
Gillian brings empathy to her practice and is focused on preserving relations in the resolution of disputes, where possible. Revered by the legal fraternity, Gillian is a former member of the Elder Law and Succession Committee for the ACT law society, where she contributed to the development of legislation and education to protect elderly and vulnerable members of the community.