Reseal UK Grant of Probate in Australia — State-by-State Process

When a UK Probate Grant Is Not Enough for Australian Assets

If an Australian citizen who died in the UK held assets in Australia — a house, significant bank balances, shares above certain thresholds — the UK Grant of Probate alone will not give the executor authority to deal with those assets. Australian banks, share registries, and land titles offices require a probate grant that has been either issued or formally recognised by an Australian court.

The mechanism for this recognition is called "resealing." Under the Colonial Probates Act 1892 and corresponding state legislation, a grant of probate issued by the High Court of Justice in England and Wales can be resealed by an Australian Supreme Court, giving it the same legal effect as if the Australian court had issued it.

What Resealing Actually Means

When a Supreme Court reseals a UK grant, it physically stamps and endorses the UK court document. From that point on, the resealed grant carries the authority of the Australian court. The executor can use it to sell real property, close large bank accounts, transfer shares, and deal with every Australian asset — exactly as if they had obtained a fresh Australian grant.

Resealing is significantly cheaper and faster than applying for an entirely new Australian grant of probate. The UK grant already exists and has been tested by a UK court; the Australian court is confirming its validity, not re-examining the estate from scratch.

When Resealing Is Required (and When It Is Not)

Not every cross-border estate needs a resealing. Australian banks and institutions apply threshold rules:

Banks: NAB releases frozen funds under AUD $100,000 to a named executor with just the UK death certificate, a certified copy of the will, and an indemnity form. Bank Australia's threshold is AUD $50,000. CBA evaluates case by case but will pay funeral and repatriation invoices directly from frozen accounts before probate is granted.

Share registries: Computershare will transfer shareholdings under AUD $50,000 with a UK Grant of Probate and a Small Estate Indemnity form — no resealing needed. Over AUD $50,000, Computershare requires either a resealed grant or a Transfer Indemnity Bond as a financial guarantee against competing claims.

Real property: If the deceased owned land or a house in Australia, resealing (or a fresh Australian grant) is always required, regardless of value.

If the estate's Australian assets fall entirely below these thresholds, you may be able to settle everything without court involvement. If any single asset or institution requires a formal grant, resealing is the efficient path.

State-by-State Filing

Each Australian state's Supreme Court handles its own resealing applications. The process is similar across states but the specific rules and fees vary.

New South Wales: Applications are filed at the Supreme Court of NSW Probate Division in Sydney. The executor (or their solicitor) lodges the original sealed UK Grant of Probate, an exemplification copy of the will certified by the UK court, and supporting affidavits. Filing fees are scaled to the estate value.

Victoria: Filed at the Supreme Court of Victoria under the Administration and Probate Act 1958. Victoria requires a court-sealed exemplification copy of the UK grant — photocopies and scans are rejected. The application must include a schedule of the deceased's Victorian assets.

Queensland: Filed at the Supreme Court of Queensland. Queensland follows a similar documentary standard and requires an affidavit of the executor identifying the deceased's Queensland assets and their estimated values.

Other states and territories (South Australia, Western Australia, Tasmania, ACT, Northern Territory) each have their own Supreme Court probate registry with substantially similar requirements. The key documents are universal: the sealed UK grant, the exemplification of the will, and the executor's affidavit.

Documents to Prepare

The critical requirement across all states is the exemplification copy of the UK Grant of Probate. This is not a photocopy — it is a certified copy issued by the UK court under its official seal, confirming the grant is genuine and still in force. You order this from the Probate Registry in England and Wales (or equivalent offices in Scotland and Northern Ireland).

Additionally:

• The original apostilled UK death certificate (with Hague Apostille from the FCDO)
• A certified copy of the will (if not already annexed to the grant)
• An affidavit identifying Australian assets (bank accounts with balances, property with addresses, shareholdings with current market values)
• The application form for the relevant state's Supreme Court

If any document is not in English, a certified NAATI translation must accompany it.

Timeline and Cost

A straightforward resealing application — where the UK grant is uncontested, the documents are complete, and the estate is not complex — typically takes 8 to 12 weeks from filing to the court issuing the resealed grant. Contested estates or incomplete applications take significantly longer.

Legal costs for a solicitor-managed resealing run AUD $3,000 to $8,000 depending on the state, the complexity, and the firm. Self-represented executors can file directly but need to get the documentary requirements exactly right — courts reject applications with missing or incorrectly formatted documents and each rejection costs weeks.

The Australian Dies in the UK — Family Emergency Guide includes a probate resealing checklist and document tracker designed for the UK-to-Australia corridor, covering the specific documents each Australian state requires and the order in which to obtain them.