When someone has passed, and they have assets in other countries, it can feel like an absolute hassle to deal with. If someone does have assets in Australia, then they’ll need to be freed up so they can be either sold or given over to the beneficiary. This is a process that involves the resealing of the probate. But what is a probate, and how do you reseal it in Australia?
So, what is a probate?
As we’re dealing with a probate, regardless of where it’s being resealed, it’s important to know what probate is. Probate is a term which is given to the various legal processes involved in sorting out the assets of a person who has died. Before the next of kin, which is usually in charge of delegating the possessions, money and estate of the deceased to people, they will have to apply for probate. Probate is granted through a ‘Grant of Probate’, which are also known as ‘Letters of Administration’. It is, at a basic level, establishing the legitimacy of a will.
So how do I reseal a UK probate in Australia?
If someone with estates in Australia dies in the UK, it falls to the person delegated to distribute the estates to sort out the resealing of the probate, and this is done by doing a particular set of processes. To reseal the probate in Australia, the person will need to apply for either an Australian Grant of Probate or arrange to have the UK probate recognised in Australia as being a legitimate will. That’s actually where the term for the process comes from, as in Australia it is known as ‘resealing the Grant of Probate’. To get the probate resealed, the sensible option is to hire a lawyer who is based in the country and to go through the legal process, filling out the paperwork and applying for recognition.
What kinds of documents will I need?
The exact list of documents that you’ll need to get the probate resealed to allow access to assets in Australia will vary slightly from lawyer to lawyer, but the basic set of documents remains fundamentally the same. You’ll need to provide the sealed and certified Grant of Probate, as well as a certified copy of the will. As well as this, the locations of the birth and death of the deceased will usually be required. Other things that are needed will include the death certificate, and the occupation and address of the person delegated to distribute the assets of the deceased, usually the next of kin. The process isn’t a quick one, so there may be several months before you hear anything back. This is due to the extensive checks that must be done and all the paperwork that must be filled out and officialized, so it isn’t uncommon for the probate to take around nine months to officialise.
Overall, the process of resealing a probate in Australia to have access to the assets of a person who had lived there isn’t something you can do in most circumstances without the aid of a legal professional. The assets will be locked off to you without the official documentation, so it’s worth hiring a professional lawyer directly to access the assets as quickly and smoothly as possible. In order for the person delegated to sort out the assets of the person, the sooner the probate is resealed means that the possessions, property and money can be distributed to the correct people, and during what is already a difficult time anyway it would be relieving for many families if this could be done in a hassle free, stress less way.
