We can assist with probate applications, but provide some basic information to you about probate. Please contact us if you would like us to handle a probate application on your behalf.
The role of the Supreme Court in Probate:
The Supreme Court maintains a register of wills deposited with it for safe keeping;
considers who can deal with a deceased person’s estate; and
gives access to records about how a deceased person’s assets have been dealt with including, when required, approving a statement of income and expenditure and statement of distribution of assets to beneficiaries.
What needs to be done before the assets of a deceased person can be dealt with?
When a person dies, somebody, usually the executor of the person’s will, has to deal with the person’s estate. That generally involves:
collecting in all the assets;
paying any debts (including income tax); and
sharing out the estate between people who are entitled to it.
A grant of probate or of letters of administration is the authority necessary to deal with a person’s estate in that way.
The Probate Office will consider an application for probate or letters of administration made by an executor or next of kin. If the application is in order the Court will issue a document known as a grant of representation. This is often referred to as getting probate. The grant will allow one or more people to deal with the estate.
A grant of probate will generally issue within 6 working days of the application being made unless some additional information is required. If further information is needed requests, referred to as requisitions, will generally be made within 3 working days.
Fixed Fee Table for all Probate matters:
The only additional cost to you are the Supreme Court filing fees and advertising, valuations and other disbursements which are required when we lodge your application for the Grant of Probate.
|Disclosed value of assets||Costs payable|
|Not exceeding $30,000||$560|
Plus $13.33 for each $1,000 up to $30,000
|Exceeding $30,000 but not > $150,000||$960|
Plus $5.90 for each $1,000 in excess of $30,000
|Exceeding $150,000 but not > $1,000,000||$1,670|
Plus $4.47 for each $1,000 in excess of $150,000
|Exceeding $1,000,000 but not > $3,000,000||$5,470|
Plus $1.66 for each $1,000 in excess of $1,000,000
|Exceeding $3,000,000 but not > $5,000,000||$8,800|
Plus $1.10 for each $1,000 in excess of $3,000,000
|Exceeding $5,000,000 but not > $10,000,000||$11,000|
Plus $0.90 for each $1,000 in excess of $5,000,000