Editing Probate (section)

=== 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.