Effect of a grant of probate or letters of administration.

When a person dies, the executor named in their Will generally applies to the Supreme Court of NSW for a grant of probate before asset holders will recognise the Will. Until probate is granted, none of the deceased’s assets can be distributed to the beneficiaries. It allows the executor to withdraw the assets being held by different entities. 

If the deceased did not have a Will, letters of administration are granted to an administrator.

What is a reseal?

A reseal of probate is when you need to apply to a state’s Supreme Court for a grant of probate made in another state to be recognised in that state. Once a reseal of probate has been granted, the executor can also deal with the estate’s assets that are not located in the state where the original grant of probate was issued.

Obtaining a reseal

The executor or administrator of a deceased estate in another jurisdiction obtains the grant of probate or administration in the state or country where the deceased passed away.

However, a grant of probate is state-based and probate laws can differ between states and countries. A deceased’s assets may be in various locations. Assets not located in NSW cannot be dealt with under a NSW grant of probate

Rather than requiring a fresh application for a grant of probate in NSW, you can apply to the Supreme Court of NSW asking that it recognise the original grant by resealing the original grant with the seal of the Supreme Court of NSW.

Not all foreign grants can be re-sealed. The Supreme Court of NSW will only recognise grants made in one of ‘His Majesty’s Dominions’ (being certain Commonwealth countries and other Australian States and Territories. 

Why obtain a Reseal?

The grant of probate is proof that the named executor or administrator is authorised to deal with the estate’s assets. If the asset holder requires a grant before releasing the asset and if the grant has been obtained outside NSW, they may require the Supreme Court to approve the grant.

What is the effect of a reseal?

A re-sealed grant of probate or letters of administration made in another state or country must be accepted as if it had been made by the Supreme Court of NSW. The executor can then gain access to and distribute to beneficiaries the deceased’s assets not located in NSW.

Can I avoid having to obtain a reseal?

Depending on the type, size and value of the assets located outside NSW, you may be able to dispense with the requirement to obtain a reseal by signing a declaration and/or indemnity as required by the asset holder. Each asset holder will have their own requirements. You should ask them what their requirements are to release the assets.

Shares may be released or transferred without having to reseal the grant in NSW if it has been obtained in Australia and a section 1071B statement  is completed.

How can I apply for a reseal?

An application for Reseal of probate is made using Supreme Court of NSW forms 91, 113 , 121 and 117.