Before an executor can carry out the wishes of a will, they first have to apply for a Grant of Probate. This is a legal document which provides them with the authority to oversee the passing on of the estate, as per the instructions of the will.
But what happens when the deceased person had assets in another state?
Today we’re going to explore the process of Resealing and when you might need to reseal a grant.
State-by-State Probates
Under the law, probates are granted by state or territory. This means that as an executor, you don’t have the authority to sell a house in New South Wales if you received Probate in Victoria.
Fortunately, you don’t need to make a new application for probate in another state. Rather, you can apply for the original Grant to be ‘resealed’ with the seal of that state’s Supreme Court. This is known as ‘Resealing a Grant of Probate’ (or just ‘resealing’ for short).
When is Resealing Needed?
A reseal is necessary when a person dies leaving assets in more than one jurisdiction. You will need to apply to the other state’s Supreme Court to reseal the grant before you can deal with the property in the other state.
Once a grant of representation is resealed in another state’s courts, it is as effective as the original grant.
Resealing a Grant
The exact process for resealing may differ from state to state, but generally, it follows the same core steps.
First, the appropriate forms for a resealing will first need to be collected from that State’s Supreme Court. This usually including a summons form, a reseal form, an inventory of property and an affidavit. You will need documentation such as the original grant and usually also a certified copy of the grant.
Once all the documents have been filled out, they can be filed with the appropriate court. You will need to pay a filing fee depending on the value of the property, but generally only if the value of the estate is over a certain amount (usually $100,000).
Legal Guidance on Resealing
Resealing is considered a complex probate matter and it is a good idea to get legal advice when resealing a probate.
The forms required will usually involve extensive legal information, from documents proving ownership records to details of the deceased. Furthermore, the rules may differ from state to state.
If you are notified by the court that a caveat has been lodged, this can also complicate matters and requires court proceedings, in which case you should definitely get legal advice.
At Robert Wood and Associates, we have more than 36 years of experience with wills, probate and resealing. We can assist you in every element of wills and estates, including making decisions about probates or challenging a will. Get in touch with us online to learn more or call us on (03) 9762 3877.
