Property Types that Do Not Require Grant of Probate

Post on 11-Apr-2017

302 views 0 download

Transcript of Property Types that Do Not Require Grant of Probate

Common Properties - Not Require Grant of Probate

Not sure if you need a Grant of Probate or Letters of Administration?

You may need to obtain a Grant of Probate or Letters of Administration because some people or organisations holding assets of the deceased estate will not release them without sighting a Grant of Probate or Letters of Administration.

Below are listed some common types of property. Depending upon the circumstances, you may not require a Grant of Probate or Letters of Administration.

Types of Properties

• Accommodation Bonds• Bank Accounts

• Boats• Cars and Trailers

• Houses and Land – Joint Tenants• Houses and Land – Tenants in Common

• Shares

Accommodation Bonds

In WA, generally a Grant of Probate or Letters of Administration will be required.

Bank Accounts

Bank accounts held jointly with another person do not form a part of the deceased estate.

Boats

In WA, the ownership of boats may only be transferred once the Grant of Probate or Letters of Administration has been completed.

Cars and Trailers

In WA, the ownership of cars and trailers can be transferred once the Grant of Probate or Letters of Administration has been completed.

Houses and Land - Joint Tenants

In WA, if a house or land was owned as "joint tenants", the property may be transferred without the Grant of Probate or Letters of Administration.

Houses and Land - Tenants in common

In WA, if a house or land was owned as "tenants in common", the property may only be transferred once the Grant of Probate or Letters of Administration has been completed.

Shares

In relation to shares, generally shares can e transferred from the deceased estate to a beneficiary of the will without need for a Grant of Probate or Letters of Administration.

Our team of experts can provide you with advice and assistance with the matters related to probate. Call Robson Hayes Legal on (08) 6181 0790 or email us at info@robsonhayes.com.au to discuss your problems with us.