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Probate

Reseal of Probate

Also known as: Resealing

Recognising a grant of probate issued elsewhere so the executor can deal with assets in another jurisdiction.

What it means

A reseal of probate is the process of having a Grant of Probate (or letters of administration) made in one place officially recognised in another, so the executor can collect assets located there. It matters when a deceased person held property or accounts across state lines or overseas — without a reseal, the second jurisdiction's institutions may not accept the original grant. It saves the executor from running a full fresh probate application from scratch.

How it's used

Australian states reseal each other's grants, as well as grants from many Commonwealth countries, under reciprocal recognition rules. Example: After obtaining probate in Victoria, the executor had the grant resealed in the Queensland Supreme Court so she could sell the deceased's Gold Coast apartment. Exactly which foreign grants can be resealed varies by state, so check the local Supreme Court's list before assuming a grant qualifies.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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