When is a reseal of Probate required?
Generally, a reseal of Probate will be required when a deceased owns an asset in another State. This is because Probate only has application within the State or Territory in which it was obtained. The reseal of Probate acts as a confirmation by the Court in which the asset is located that the executor is authorised to deal with the estate’s assets.
However, a reseal will not always be required for assets located in another State. Each asset holder will usually have their own requirements. In order to obtain these requirements it is recommended that contact is made with the asset holders providing proof of the original Grant and death certificate.
Where the deceased owns shares in a company, the shares are considered to be located in the State where the shares are registered. A reseal is not necessary in order to release or transfer shares. However, executors will be required to complete a form advising the company that Probate will not be sought in the State in which the share registry is located.
If you require any further information or assistance regarding the reseal of Probate, contact our team of lawyers on (02) 9223 9166 or submit an online enquiry.