Thinking to apply for Probate? | Robson Hayes Legal

Do you need to apply for Probate?

You may need to obtain a Grant of Probate or Letters of Administration because some people or organisations holding assets of the deceased estate will not release them without sighting a Grant of Probate or Letters of Administration.

Below are listed some common types of property.  Depending upon the circumstances, you may not require a Grant of Probate or Letters of Administration.

Accommodation bonds

Bank accounts

Boats

Cars and trailers

Houses and land – Joint tenants

Houses and land – Tenants in common

Shares

Accommodation bonds

In WA, generally a Grant of Probate or Letters of Administration will be required.

Bank accounts

Bank accounts held jointly with another person do not form a part of the deceased estate.

Boats

In WA, the ownership of boats may only be transferred once the Grant of Probate or Letters of Administration has been completed.

Cars and trailers

In WA, the ownership of cars and trailers can be transferred without the need for a Grant of Probate or Letters of Administration.

Houses and land – Joint tenantsIn WA, if a house or land was owned as “joint tenants”, the property may be transferred without the Grant of Probate or Letters of Administration.

Houses and land – Tenants in common

In WA, if a house or land was owned as “tenants in common”, the property may only be transferred once the Grant of Probate or Letters of Administration has been completed.

In relation to shares, generally shares can be transferred from the deceased estate to a beneficiary of the will without the need for a Grant of Probate or Letters of Administration.

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