A reseal of Probate is obtained where a Grant of Probate has already been obtained in another State, Territory or in some cases country.
Instead of making a new application for Grant of Probate to be issued by the Supreme Court in Queensland, you can apply for a reseal of probate. This allows the original grant to be resealed by the Queensland Courts. This means that the estate does not incur the cost of obtaining a full Grant of Probate multiple times.
Why do you need a Reseal of Probate?
Probate validates the deceased’s last Will and is evidence that the executor to who Probate has been granted is legitimately able to deal with and administer the estate. Many financial institutions and entities holding assets for the deceased including banks, building societies, aged care facilities and share registries will require a certified copy or to see the Grant of Probate before they are willing to pay out the funds they hold.
If a Grant of Probate has been issued in a state other than Queensland, then sometimes in order to deal with assets held in Queensland, the Grant of Probate must be resealed in order to allow the executor to deal with the estate assets held in Queensland.
Resealing Probate in Queensland
If you have already obtained a grant of Probate from any other State or Territory or even in some cases another country then you may be required to reseal the Grant of Probate in Queensland if the deceased held assets there.
A reseal can only be obtained where the original grant of Probate was granted in Australia or in certain countries. For example, if the original grant of probate was obtained in the UK, Canada, New Zealand, South Africa or in Australia then a reseal will be allowed. This list is not exhaustive and you should seek legal advice about the ability of a Grant of Probate to be made in other countries.
Why do I need to obtain a Reseal of Probate?
People die leaving assets in various states and countries and in some cases the original Grant of Probate is sufficient. However, in other cases an application for a reseal will be necessary. Each financial institution has their own requirements and checks will need to be undertaken to determine what those requirements are and whether a reseal of Probate is necessary.
Can I avoid having to obtain a reseal of probate in Queensland?
Depending on the value of the asset and the attitude of the financial institution or entity holding the asset, you may be able to avoid the need for a reseal of Probate. However, it is likely that the institution or entity will require an indemnity from the executor and you should seek legal advice before entering into any such arrangement.
How do I obtain a reseal of Probate in Queensland?
In order to obtain a reseal of a Grant of Probate, you must make an application to the Supreme Court ensuring that you comply will the Court’s requirements in terms of forms used and evidence/documents produced in support of your application.
You must also pay a Supreme Court filing fee.
Reseal of Probate – information for the legal profession
If you are a solicitor who is assisting a client with the administration of an estate outside Queensland but which has assets located within Queensland, CRH Law may be able to assist you to obtain a reseal of Probate (and deal with any Queensland related assets including real property) to progress the administration of the estate you are assisting.
CRH Law will close from 12pm, 24th December until 8:30am 6th January 2020