Resealing probate interstate & overseas

Updated 20 August 2026 · 5 minute read

A grant of probate only operates in the state that issued it. When the deceased owned assets in a second state — the Queensland unit, the WA mining shares — the executor usually needs the grant resealed by the second state's Supreme Court before institutions there will act. No Australian state has abolished this.

When you need a reseal

The process

  1. Get office copies of the original grant

    An exemplification or court-sealed copy — plain photocopies won't do.

  2. Apply to the second state's registry

    A short application with supporting affidavit; fees generally follow that state's probate fee scale.

  3. The court reseals

    The original grant, now bearing the second seal, works in that state as if granted there.

Sometimes you can skip it

Below-threshold accounts follow the bank's normal release rules regardless of which state granted probate — a reseal is only forced when an institution or titles office insists. Ask before filing.

Plan the order of grants

Apply first in the state with most assets — fees there are usually unavoidable — then reseal into the cheaper states. Getting this backwards can double the fee bill. See state fee comparisons.

Assets in two states?

Fixed-fee firms quote grant + reseal as a package — usually cheaper than two separate engagements.

Get fixed-fee probate quotes
Who applies for the reseal?

The executor or administrator under the original grant — or their attorney, useful when the executor is overseas.

How long does a reseal take?

Usually faster than the original grant — a few weeks — since the substantive checking is already done.

The deceased lived overseas with a non-Commonwealth grant — now what?

A fresh Australian grant, typically 'letters of administration with the will annexed', with expert evidence of the foreign will. Specialist territory — see overseas estates.

Sources

  • Supreme Court of NSW — reseal of grant (s 107, Commonwealth-realm list)
  • Queensland Courts — resealing a grant