If you have been appointed as an executor of a Will, you are required to legally administer the estate of the deceased to the rightful beneficiaries. To act upon this responsibility, you may be required to get a grant of probate from the Supreme Court of South Australia. You may be wondering - how is the probate meaning defined, and is probate necessary to administer the estate of a deceased in South Australia?
Probate Meaning In South Australian Law
Probate meaning is defined as a process in which a court establishes the validity of a Will and recognises the authority of an executor or an administrator to manage and distribute the assets of the deceased person to the beneficiaries mentioned in the Will. Therefore, a 'grant of probate'means that the Supreme Court of South Australia has recognised that a Will is legally valid and that you now have the authority to administer with the assets listed in the Will.
How long does probate take in SA?
If you are wondering - how long probate takes in SA, the answer is 4 - 6 weeks from the date of submission of the application. However, if the Court asks for 'requisitions' or additional documents the period for grant of probate may increase. After receiving 'requisition' from the Probate Registry, you Will be required to submit a response, following which, your application is further processed. If the Probate Registry doesn't have any further questions, you could receive the grant within a week.
What delays probate in SA?
There are numerous reasons why your grant of probate is delayed. Some of the reasons are mentioned below:
1) Difficulty in Finding the Will
Original Will is an important document that needs to be submitted before the Court during the application for grant of probate. The process of finding the Will may get delayed if the deceased died of sudden death or the appointed executor was not informed of the whereabouts of the Will. In such cases, the executor needs to contact the deceased's lawyer for assistance.
2) Delay in Receiving the Death Certificate
A death certificate is also an important document that is obtained during the time of registration of the death. It may take several weeks to receive this document, depending on how the death was registered, which may further delay the probate grant period.
3) Determining the Assets & Liabilities
If you are applying for a probate grant, you need to first determine the assets, trusts, shares, and bonds of the deceased person, along with the liabilities, if any. Determining these details is easy if the assets are listed in the Will. However, the process may get delayed if the deceased owned overseas assets.
4) Missing Details in Application
You need to be careful while filling out the online grant of probate application, as any missing detail in the form may also result in a delayed period for receiving the grant. Accurate spellings, dates, and other minor details need to be checked accurately to avoid any delay in the process.
5) Missing Original Documents
In case you have lost any original document such as the Will or the death certificate and have submitted a copy of the document, the process of assessment of the application may get delayed. For those wondering - how long probate takes in SA if the original documents go missing - the answer is several weeks. Original documents are crucial to validate a will.
a) Is probate required in South Australia?
When someone passes away and has left a Will in South Australia, the appointed executor in the Will may require a grant to administer the Will and to deal with the deceased's estate. Therefore, a probate is required in South Australia if the institutions or businesses holding the deceased's assets ask for a probate grant to release the deceased person's assets.
b) How long can it take before the estate is distributed?
It may take several months for the estate to be distributed among the beneficiaries of a Will.
Even a simple estate may take three to six months to be distributed after probate has been granted. For larger or complex estates, the waiting period for receiving the funds may be longer.
How do you ensure a quick probate grant process?
It is crucial to receive the grant of probate on time to administer the deceased's estate to the beneficiaries as soon as possible. Some businesses, institutions, or people may not release the assets without the grant of probate. Therefore, to ensure that you receive the grant of probate without any unnecessary delay, it is recommended that you consult a professional service provider such as Probate Consultants.
You can apply for a grant of probate or letters of administration with Probate Consultants to experience a hassle-free process. Ranked as one of the top-rated consultations for grants in South Australia, Probate Consultations provides you with quick and easy delivery of services. To speak with an expert to understand the probate meaning and its application process, call 1300 561 803 to book your free consultation today!