Reseals of U.S. Probate (or Administration) in Australia
Sydney-based Solicitors
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+61 2 8880 8030info@nationalprobate.com.au
Resealing U.S. Probate in Australia
Applications to reseal U.S. Grants of Probate (often referred to as Letters Testamentary) or Letters of Administration are assessed by the individual Supreme Courts of each Australian State and Territory.
The appropriate court to apply to is determined by the location of the estate’s Australian assets.
In most cases, rather than seeking a reseal, our probate solicitors apply for a Grant of Probate of a Copy of a Will, resulting in a new grant being issued for use in Australia. This is because most Australian jurisdictions do not directly reseal Grants of Probate issued by state-level courts of the United States of America.
Which Australian Courts Will Reseal a Grant from the USA?
Some Australian Supreme Courts apply broad criteria, typically allowing reseals where the original grant was issued by a "court of competent jurisdiction", or a "reciprocating country". These courts may assess eligibility on a case-by-case basis. We can make enquiries on your behalf to determine whether a reseal is available in your situation.
Courts that may consider resealing a U.S. grant include:
- The Supreme Court of the Northern Territory of Australia
- The Supreme Court of South Australia
- The Supreme Court of Tasmania
Other State and Territory Supreme Courts in Australia have legislatively restricted lists of jurisdictions from which they will accept a reseal—and these do not include the USA. In such cases, we will instead apply for a Grant of Probate of a Copy of a Will.
Whether a reseal is available or a new grant is required, our experienced probate team is ready to assist with all aspects of your estate representation and administration needs.
Common Asset Categories
Bank Accounts
Australian bank accounts have "BSB" numbers which identify the locality of the branch managing the account. This location determines which state Supreme Court has jurisdiction to Reseal the Grant of Probate or Letters of Administration.
Once a foreign Grant has been resealed in Australia most banks will usually accept the reseal regardless of the Supreme Court issuing the reseal, however a Supreme Court cannot issue the reseal where there are no accounts within its jurisdiction.
Shares
The location of the share registry for the holding determines the jurisdiction for the reseal. Common share registries include Link Market Services (Sydney) and Computershare (Melbourne).
Once a foreign Grant has been resealed anywhere in Australia, our brokers will be able to liquidate the shares for you.
Real estate
Each state and territory land titles office requires that their local state Supreme Court first issues a reseal of Probate or Letters of Administration before they are prepared to transfer the title into the executor's name.
Once the reseal is obtained we can assist with this transfer (known as the 'Transmission Application'), as well as providing in-house conveyancing services if a sale of the property is required.
If required, we can call in the estate assets for you, saving the hassle of dealing with multiple international organisations.
We deal with all Australian banks and financial institutions.
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Other Professionals
We have dealt with many other legal professionals interstate and internationally and are happy to obtain a reseal for your client’s Grant of Probate or Letters of Administration.
All we require to start is a copy of the original Grant and a few details about your client (address, full names of executors/administrators) and the assets in Australia.
We can also call in the estate (i.e. correspond with the Australian estate asset holders) and have such assets and funds forwarded to you.
Individuals
If you are an executor or administrator from interstate or overseas, we will be happy to assist you in obtaining the Reseal of Probate or Letters of Administration in Australia.
It is not necessary for you to fly to Australia and all correspondence can be done via email/mail/telephone.
Initially, we will simply require a copy or scan of your original Grant, some basic contact details for the deceased and the executors/administrators and we can commence your application right away.
We can also correspond with the Australian asset holders in order to transfer the estate assets held in Australia to you.
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