Editing Probate (section)

== Australia ==
In Australia, probate can refer to the process of proving the will of a deceased person and also to a grant of probate, the legal document that is obtained.<ref name="auprobate"/>

There is a Supreme Court probate registry in each jurisdiction that deals with probate applications. However, each state and territory has slightly different laws and processes in relation to probate. The main probate legislation is as follows:
* [[New South Wales]]—Probate and Administration Act 1898.<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259/|title=Probate and Administration Act 1898|website=austlii.edu.au|access-date=2016-06-24}}</ref>
* [[Victoria, Australia|Victoria]]—Administration and Probate Act 1958.<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/vic/consol_act/aapa1958259/|title=Administration and Probate Act 1958|website=austlii.edu.au|access-date=2016-06-24}}</ref>
* [[Queensland]]—Uniform Civil Procedure Rules 1999<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/qld/consol_reg/ucpr1999305/|title=Uniform Civil Procedure Rules 1999|website=austlii.edu.au|access-date=2016-06-24}}</ref> and Succession Act 1981.<ref>{{Cite web|title=View - Queensland Legislation - Queensland Government|url=https://www.legislation.qld.gov.au/view/html/inforce/current/act-1981-069|access-date=2020-07-22|website=legislation.qld.gov.au}}</ref>
* [[Western Australia]]—Non‑contentious Probate Rules 1967.<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/wa/consol_reg/npr1967324/|title=Non‑contentious Probate Rules 1967|website=austlii.edu.au|access-date=2016-06-24}}</ref>
* [[South Australia]]—Administration and Probate Act 1919.<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/sa/consol_act/aapa1919259/|title=Administration and Probate Act 1919|website=austlii.edu.au|access-date=2016-06-24}}</ref>
* [[Tasmania]]—Administration and Probate Act 1935.<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/tas/consol_act/aapa1935259/|title=Administration and Probate Act 1935|website=austlii.edu.au|access-date=2016-06-24}}</ref>
* [[Australian Capital Territory]]—Administration and Probate Act 1929.<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/act/consol_act/aapa1929259/|title=Administration and Probate Act 1929|website=austlii.edu.au|access-date=2016-06-24}}</ref>
* [[Northern Territory]]—Administration and Probate Act 1993.<ref>{{Cite web|url=http://www.austlii.edu.au/au/legis/nt/consol_act/aapa259/|title=Administration and Probate Act 1993|website=austlii.edu.au|access-date=2016-06-24}}</ref>

=== Application for grant of probate ===
Probate is required if the deceased person owned [[real property]] or if his or her other assets are above the threshold amount, which is usually $50,000 for major banks and lower thresholds for other financial institutions. Assets that had been “[[Joint tenancy|owned jointly]]” (but not assets held “[[Tenancy in common|in common]]”) pass automatically to the other joint owner and do not form part of the deceased estate. Also, benefits from life insurance on the deceased paid directly to a nominee are not part of the estate, nor are trust assets held by the deceased as trustee.

Applications for probate are made to the probate office in the jurisdiction with which the deceased has a close connection, not necessarily where the person died. Normally, only the [[executor]] of a will can apply for a grant of probate, and it is their duty to obtain probate in a timely manner. Executors can apply for probate themselves (which is often done to reduce legal fees) or be represented by a lawyer. With the application for probate, the applicant must also provide the original of the will, an official [[death certificate]] (not the one issued by a medical professional), a copy of the [[death notice]] and a statement of the known assets and liabilities of the deceased estate. The applicant may also be required to have published a notice in a major newspaper of an intention to make the application for probate.

=== Distribution of estate ===
After probate is granted, executors are empowered to deal with estate assets, including selling and transferring assets, for the benefit of the beneficiaries. For some transactions, an executor may be required to produce a copy of the probate as proof of authority to deal with property still in the name of the deceased person, as is invariably the case with the transfer or conveyance of land. Executors are also responsible for paying creditors and for distributing the residual assets in accordance with the will. Some Australian jurisdictions require a notice of intended distribution to be published before the estate is distributed.<ref>{{Cite web |url=https://onlineregistry.lawlink.nsw.gov.au/content/probate-notices/frequently-asked-questions-about-publishing-probate-notice|title=Frequently asked questions about publishing a probate notice {{!}} Online Registry |website=onlineregistry.lawlink.nsw.gov.au|access-date=2016-06-24}}</ref>