How do I know if probate is required?
I was named as executor of my uncle’s will. It is a really simple estate. His only assets were an old car of no value, his house which he owned as joint tenants with my aunt and a lot of old clothes and books which he said in his will should be donated to charity. He lived off a pension and had no savings. Do I really need to apply for probate?
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Answer by Michelle Whitehead, Camden 2570 NSW
- You need to apply for probate if:
- the deceased owned real estate in their own name or as tenants in common; or
- the deceased left financial assets such as shares, life insurance or substantial bank accounts and the relevant institution requires probate in order to release the asset to you.
- However as your uncle was a joint tenant and only left personal possessions it is likely that you will not need to apply for probate.
- Your aunt will automatically inherit the house under the survivorship rules of joint tenancy and you will not need a grant of probate to transfer it to her. You will probably only need:
- the original death certificate;
- the original certificate of title for the house; and
- to fill out the forms from the Lands Title Office in your state or territory.
- As your uncle’s bank account had no savings in it you should be able to take a copy of the will, the death certificate and your identification to the bank and ask them to close the account. They will provide you with forms to transfer any remaining balance to the beneficiary named in the will.
- You should also be able to transfer the car ownership and registration to the appropriate beneficiary by taking the death certificate, a copy of the will and the registration papers to your local motor vehicles registry.
- You should keep clear records of everything you do in relation to administering the estate.