In Australia, when your loved one passes away, you must fulfil specific procedures to be able to carry out their final wishes. One such procedure is obtaining a Grant of Probate from the Supreme Court. Probate is the process by which the Supreme Court acknowledges that a Will is valid, and as the executor(s), you can act according to it.
The Probate application process can vary slightly from state to state. This blog discusses the application of Probate in Victoria, SA.
Apply for Probate in Victoria, SA
Applying for Probate in Victoria, SA, might seem like a complicated process, especially for someone doing it for the first time. The procedure involves several steps, and the Supreme Court regulations are stringent. And often, there are delays in the process, complicating it further.
In Victoria, the Probate application process is initiated by posting an online advertisement stating the “Intention to Apply for Probate‘. Fourteen days after posting the ad, you are eligible to lodge your application with the Supreme Court.
Here is a comprehensive breakdown of the application process for Probate in SA to make it easier for you.
1. File Your Probate Application
You can apply for Probate anytime after the passing of your loved one. But ideally, you must do so within the first six months of the date of death unless you’ve been granted an extension.
2. Serve Notice of the Application
Following the filing, you must serve a notice of the application to all the interested parties. In this case, it includes beneficiaries under the Will, all next of kin, and all estate creditors.
3. File an Affidavit
As the executor of the Will, the next step is filing an affidavit verifying the contents of your application. For the affidavit to be valid, it must be sworn or affirmed.
4. Pay the Fees
As the executor of the Will, you must pay a fee that varies depending on the estate’s value.
5. Attend the Probate Hearing
The Supreme Court will call you for a formal hearing on a scheduled date. On this hearing, you will be asked to confirm that you clearly understand your responsibilities and duties as the executor of the Will.
6. Obtain a Sealed Copy of the Grant of Probate the Court
Once the Supreme Court approves your application, you’ll obtain a sealed copy of the Grant of Probate. It is your legally validated proof that you have been appointed executor of your loved one’s Will, and you’ll have the authority to deal with their assets and estate.
7. Notify Relevant Organisations
As the executor of the Will, it becomes your responsibility to inform the relevant people and organisations of the passing away of your loved one. It includes informing the appropriate government agencies, businesses, banks, and acquaintances.
8. Collect & Distribute Assets per the Will
You must inform all beneficiaries about the contents of the Will. And distribute the assets accordingly. If the deceased individual had any unpaid bills, such as mortgages or credit card bills, you’d have to manage investments and pay them off. It also involves paying debts and expenses out of the estate funds by selling property, and transferring assets to beneficiaries.
9. Lodge Tax Returns
You will have to file tax returns. It would include capital gains tax for the assets sold after the individual’s passing and income tax returns for all income the estate has earned leading up to the date of passing. You will also have to pay for any pending taxes.
10. Keep Accurate Financial Records
Throughout the process, you must keep a record of all the expenses. You will need them to file tax returns and account to the beneficiaries when the Probate ends.
How Long Does Probate Take in Victoria, SA?
A very frequently asked question is, “How long does Probate take in Victoria?” The average timeframe for an uncomplicated Probate application filed on time usually ranges from eighteen to thirty days. The Probate Application timeline is further broken down into the following stages:
- Put an advertisement for ‘Intention to Apply for Probate’ online
- Completing and witnessing the application process
- Applying the application with the Supreme Court (You can lodge this application only after 14 days have passed since posting the online advertisement)
- The Supreme Court passes Grant of Probate (Grant approval usually takes up to 5 days)
The Role of a Probate Consultant Service
Probate consultant services are dedicated to making the Probate application process fast, easy and affordable for you. They are experienced professionals who provide practical and comprehensive information and support you at every step. When you hire them, you can rest assured that they will listen to your needs and offer bespoke services to ensure that your application process is accelerated and you get the Grant of Probate at the earliest.
Get Assistance in Filing Your Application for Probate in SA
It is a common misconception that you need to appoint the services of a solicitor or lawyer to file for Probate. However, Probate in SA has now become an online process; if someone wants to, they can file their application independently. You can also opt to hire the services of a professional Probate consultant company for a hassle-free experience.
Probate Consultants is Australia’s top-rated Probate service. We guarantee all our customers a Low Fixed Fee for our services. Our streamlined application process allows us to ensure the fastest turnaround time for approvals in this industry. You can consult us for an obligation-free Probate Assessment and find out if you need to apply for one or not.
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