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Is it essential to apply for probate?

  • You are not required to apply for probate in every case.
  • It may be that asset holders such as banks, superannuation funds or insurance companies require a grant of probate prior to releasing funds.
  • This is to ensure that they release funds to the correct person. As such they may require proof of probate. You should ask whether certified copies of the death certificate, the will and your identification will be sufficient.
  • Some assets such as a water entitlement licence or real estate held alone or as a co-tenant can only be transferred to a beneficiary by an executor under a grant of probate or letters of administration.