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Release of Assets

When an estate is very small, there may be no need to obtain a grant of probate or letters of administration. This depends on the amount of the estate, how the money is held and certainty about the existence and operation of a will. It also depends on whether or not it is possible to get hold of the deceased's assets without a grant of probate or letters of administration. Where this is not possible, the procedures for dealing with an estate must be followed. Where it is possible, there is no need to employ a lawyer, although sometimes it may be helpful. It is not possible to say precisely when a grant of probate or letters of administration are not needed. The following is a guide only.

The Australian Death Notification Service notifies participating organisations (for example certain banks, utilities providers and superannuation companies) that someone has died. It is a free federal government initiative to help people get in touch with multiple organisations using a single online notification. Before using the service, a death certificate needs to have been registered with the Registrar of Births, Deaths and Marriages (Consumer and Business Services). The service only works where the certificate matches the details provided to the record.

Release of Assets  :  Last Revised: Fri Jun 24th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.