An important part of a Will is the selection of an executor, or representee, who is responsible for distribution of one’s estate. In order to perform the role, the executor needs a grant of probate. The traditional way of submitting a probate application was through paper documents and a physical location called “the registry”. The courts have recently established a new way to apply, through the Electronic Court Management System (ECMS), which allows everything to be done online. This system has already been established in South Australia and Victoria, and will eventually roll out in the other states. However, there hasn’t yet been any indication of when this might be. (1)
How it works
Firstly, it allows applicants to track their applications so that they can see how their applications are progressing and manage them. Secondly, it will ensure that all legal documents, drafts and matters can be handled electronically. It will no longer be required to engage the registry in person, thus greatly improving the turnaround times. This makes documents easily accessible for the public, as the only thing someone has to do to search for any grants, is to set up an account.
Here is a chart of the states and the corresponding names for electronic probate.
The Process of the Electronic Court Management System (ECMS) (2)
Register an account with the ECMS of your state.
Start a case/ defend a case/ view judgement
Lodge required documents
Receive notifications regarding your case
Or you can approach us here at Wills & Estates and our lawyers can take care of the process for you! Wills & Estates is here to give you peace of mind that you and your family will not run into any complications with your Will. With our one on one consultations, we ensure you get exactly what you want. Our firm believes in staying innovative and flexible to align with the evolving times and the array of people’s different situations. We want everyone to have a Will to protect what’s yours when you are gone.
We offer no-cost, no-obligation initial appointments so that you can find out where you stand and exactly how much it will cost to get your Will and/or Estate Plan in order. We offer fixed fees and payment plans; your wishes, your way.
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(1) ‘RedCrest-Probate efiling Information’, Supreme Court of Victoria (Web Page) <https://www.supremecourt.vic.gov.au/wills-and-probate/redcrest-probate-efiling-information>.
(2) ‘Probate Rule, Form and Procedure Changes', Court Administration Authority of South Australia (web page), <http://www.courts.sa.gov.au/RepresentYourself/ProbateRegistry/Pages/ProbateAndCourtSA.aspx >.