Resealing Foreign Probate and Letters of Administration in Australia: A State-by-State Guide

When a person dies leaving assets in an Australian state or territory, a foreign grant of probate or letters of administration does not automatically give an executor authority to manage the estate. The original grant must be resealed by the relevant Supreme Court to have legal effect in that jurisdiction.

Each Australian state and territory applies its eligibility rules, procedural requirements, and fee structures to the reseal process. This article explains the state-by-state requirements for resealing a foreign grant so overseas executors and estate practitioners can identify the correct pathway for each jurisdiction.

Interactive Tool: See If You Qualify to Reseal Your Overseas Grant in Your State

Legal Recognition of an Overseas Grant

A reseal of a grant allows an Australian court to recognise a grant of probate or letters of administration issued by a court in another state, territory or country. The reseal gives the foreign grant legal effect in the Australian jurisdiction where local assets are located.

Under Section 107 of the Probate and Administration Act 1898 (NSW) (‘Probate and Administration Act‘),  a grant made in an eligible jurisdiction may be resealed by the Supreme Court of New South Wales. 

Once the grant has been resealed, the original grant has the same effect and operation in New South Wales as it had in the jurisdiction where it was issued. This allows the executor or administrator to deal with the deceased estate’s NSW assets.

Necessity for Real Estate & Bank Assets

A reseal is usually required where the deceased held real estate in an Australian state solely or as a tenant in common, so executors may need advice from wills and estate planning lawyers for deceased-estate administration. 

The relevant land registry may require a grant before transferring the deceased’s interest. Asset holders, including banks, may also require a reseal before releasing bank accounts or other assets held solely in the deceased’s name.

However, joint tenancy assets are treated differently. Real estate or bank accounts held jointly can typically pass to the surviving joint holder without a grant of representation, typically after the surviving party provides a death certificate. Each asset holder may apply its requirements when deciding whether a reseal or grant is required.

Eligible Jurisdictions for Overseas Families

Commonwealth Realm Countries

The Supreme Court of New South Wales reseals a foreign grant made in a country where the Queen is, or was when the grant was issued, the head of state. Eligible Commonwealth Realm countries include:

• The United Kingdom, including England, Scotland, Wales and Northern Ireland;
• New Zealand;
• Papua New Guinea; and
• Solomon Islands.

A grant of probate or letters of administration issued in another Australian state or an eligible country may therefore be considered for a reseal in New South Wales. The relevant jurisdiction is the place where the original grant was issued.

Specific Country Exclusions & Inclusions

The Supreme Court of Victoria publishes a wider list of jurisdictions from which it may reseal grants. That list includes Hong Kong, Singapore and Fiji, as well as New Zealand, Papua New Guinea, the United Kingdom and several Australian states and territories.

The position in New South Wales differs. The Supreme Court of New South Wales states that recent grants from the following countries cannot be resealed:

• Malta;
• South Africa;
• Pakistan;
• India;
• Sri Lanka;
• Fiji;
• Hong Kong; and
• The Republic of Ireland.

A foreign executor or administrator should check the requirements of the Australian state where the deceased held assets before applying for a reseal.

State-Specific Rules for Individuals & Businesses Who Manage Estates

Queensland Advertisement & Debt Requirements

A Queensland reseal application has an additional notification step if the deceased had outstanding debts in Queensland. The executor must:

• publish a notice in the Queensland Law Reporter; and
• serve notice on the Public Trustee of Queensland.

The applicant must also complete and file an affidavit of publication. This process gives creditors notice while the Queensland grant application is being considered.

South Australia Registration & Reseal Distinctions

South Australia treats an interstate grant differently from an overseas grant. Succession Act 2023 (SA) (‘Succession Act‘) provides the basis for registering a grant issued by a court in another Australian state or territory.

An overseas grant is dealt with through Rule 356.32 of the Uniform Civil Rules 2020 (SA) (‘Uniform Civil Rules‘) and requires a reseal of the grant. The South Australian application requires:

• the original overseas grant or a duly authenticated copy;
• a death certificate;
• details of South Australian assets and liabilities; and
• the required oath.

Northern Territory Publication Mandates

An application for a grant of representation in the Northern Territory, including a reseal application, requires a Notice of Intended Application. 

The notice must be filed by email in PDF format for publication on the Supreme Court of the Northern Territory website. The notice must remain published for 14 days before the application can be filed. 

Required Documentation for Foreign Executors

The Original Grant or Exemplification

A reseal application requires the original grant, an exemplification, or a court-sealed and certified copy of the foreign grant. This may be:

• a grant of probate;
• letters of administration; or
• another grant of representation issued by a court in another jurisdiction.

The document must retain its original condition, and staples, clips, or bindings must not be removed when making a copy of the original grant for scanning. In South Australia:

• the scanned grant must remain as one document rather than separate pages; and
• the original grant or a duly authenticated copy must also be lodged with the Probate Registry.

Affidavits & Identity Verification

Supporting evidence may include an affidavit in support and details of the deceased’s assets and liabilities. The relevant requirements include:

• Queensland requires an affidavit and may require exhibit certificates; and
• South Australia requires an oath for a reseal of an overseas grant under Rule 356.32 of the Uniform Civil Rules.

Personal applicants in South Australia must provide 100 points of identification verified by an authorised witness, including:

• a justice of the peace;
• a notary public;
• a Commissioner for taking affidavits; or
• an eligible police officer.

The statement of assets and liabilities must describe and value the deceased’s South Australian assets and liabilities as at the date of death.

Court Fees & Application Processes for Overseas Families

Tiered Fee Structures in Tasmania

The Supreme Court of Tasmania sets the fee for resealing a foreign grant according to the gross value of the estate located in Tasmania. Probate and letters of administration fees use the same scale as follows:

• Less than $50,000: $548.80
• $50,000 to less than $250,000: $991.76
• $250,000 to less than $500,000: $1,074.08
• $500,000 to less than $1,000,000: $1,352.40
• $1,000,000 to less than $2,000,000: $1,713.04
• $2,000,000 to less than $5,000,000: $1,946.28
• $5,000,000 or more: $2,338.28

Standard Filing Fees in the Northern Territory

The Supreme Court of the Northern Territory charges $1,542 for an application for a reseal of a grant of representation. This amount includes:

• a $1,506 filing fee for the originating process; and
• a $36 search fee.

The application process follows the same steps as an application for a grant of representation. The executor or administrator must:

• publish the relevant notice;
• complete the required affidavits and forms;
• file them with the Probate Officer by email; and
• pay the Court fee using the electronic payment form.

The Court may issue a requisition if further information or documents are required.

Conclusion

An overseas grant of probate or letters of administration does not automatically authorise an executor to deal with assets in an Australian state; a reseal may give the foreign grant effect in the relevant jurisdiction. Eligibility, original documents, affidavits, notices, filing steps and fees differ across states and territories, with Tasmania using estate-value tiers and the Northern Territory charging $1,542 for a reseal application.

When a deceased estate includes assets in more than one jurisdiction, contact the wills and estate planning lawyers at LawBridge for legal advice on applying for a reseal, selecting the correct Australian court and preparing the required documents. Our lawyers provide practical guidance for executors, administrators and estate practitioners dealing with cross-border assets across Australia.

Frequently Asked Questions