WHAT IS ADVERTISING AN INTENTION TO APPLY?
Prior to filing an application, the person making the application must provide notice of their intention to apply (advertise). They can only file an application 15 days or more after advertising. Advertising gives notice of the application to anyone who may be interested in the estate, and allows time for someone with important information to contact the person intending to apply. For example, someone may know of a later will in relation to a deceased person.
WHAT INFORMATION IS INCLUDED IN THE ADVERTISEMENT?
The advertisement that is generated by the system includes all the information required under the Supreme Court (Administration and Probate) Rules 2023. This includes information about the deceased, the type of application being made and who is making the application. Contact details for the law firm or, if no law firm is acting, the person making the application are also included.
CAN I ADD ADDITIONAL INFORMATION TO THE ADVERTISEMENT?
Yes. For the majority of applications no further information will be required, as long as all of the questions have been answered correctly. For some more unusual applications further information may be required. You can answer a questionnaire to find out if further information is required, and to view examples of what further information will need to be provided.
I ADVERTISED ON THE PREVIOUS SYSTEM. IS MY ADVERTISEMENT STILL VALID?
Maybe. As long as your advertisement was published less than three years ago it remains valid. If you advertised on the previous Probate Online Advertising System you should tick the box next to the words ‘I advertised before 11/11/2024’ on the ‘Advertise’ page. You will then need to enter the date of the advertisement and upload a PDF of your advertisement on the ‘Upload Documents & Pay Fees’ page.
I ADVERTISED ON THE PREVIOUS SYSTEM. HOW DO I GET A COPY OF MY ADVERTISEMENT?
All of the advertisements published within the last three years on the previous Probate Online Advertising System are available to be searched on RedCrest-Probate. Once you have located the advertisement by searching by the deceased’s name you can download a copy of the advertisement as a PDF.
THE DRAFT ADVERTISEMENT HAS AN ERROR, HOW DO I FIX IT?
You must correct the information where you originally entered it on RedCrest-Probate. For example, if you need to correct the spelling of the plaintiff’s name, you can do this on the Plaintiff’s Details page, click save and then click the ‘Advertise' tab again. The updated information will appear on this screen. Once all information is correct, you will then be able to pay and submit the advertisement.
THE ADVERTISEMENT I HAVE PUBLISHED HAS AN ERROR, HOW DO I FIX IT? (PRIOR TO SUBMITTING MY APPLICATION)
You must re-advertise. To do this, click on the application in the ‘My Drafts and Filings’ tab. Select ‘Advertise’ on the left hand side, click the “Re-advertise” button on the advertise page and then amend the information as necessary. For example, if you need to correct the spelling of the plaintiff’s name you can do this on the Plaintiff’s Details page, click save and then click the ‘Advertise’ tab again. Once all information is correct, you will then be able to pay and submit the re-advertisement.
THE ADVERTISEMENT I HAVE PUBLISHED HAS AN ERROR, HOW DO I FIX IT? (AFTER SUBMITTING MY APPLICATION)
You must re-advertise. To do this, click on the application in the ‘My Applications’ tab. Select ‘Re-advertise’ from the left hand menu and then amend the information as necessary. . For example, if you need to correct the spelling of the plaintiff’s name you can do this on the Plaintiff’s Details page, click save and then click the ‘Advertise’ tab again. Once all information is correct, you will then be able to pay and submit the re-advertisement. Once published, your new advertisement will automatically be filed with the Probate Office. However, your application will not be able to proceed until after 15 days have lapsed from the date of the advertisement.
AFTER I HAVE ADVERTISED, HOW LONG DO I HAVE TO FILE MY APPLICATION?
An advertisement is valid for three years from the date the application was advertised. Once advertised the status of the draft will update to ‘Advertised’. A draft application that has the status ‘Advertised’ that has not been filed will be automatically deleted three years from the date of advertising.
I DON’T WANT TO WAIT 15 DAYS TO FILE MY APPLICATION. CAN I FILE AND PAY FOR MY APPLICATION BEFORE THE 15 DAYS?
No. The Supreme Court (Administration and Probate) Rules 2023 require you to advertise 14 clear days before filing your application. The Rules do not allow the Probate Office to waive this requirement.
HOW CAN I GET A COPY OF THE ADVERTISEMENT THAT HAS BEEN PUBLISHED?
You will be able to download a copy of the advertisement for your records on the ‘Advertise’ tab on RedCrest-Probate once the advertisement has been published. You can also download a copy of the advertisement via the advertisement search functionality.
I HAVE FOUND AN ADVERTISEMENT IN RELATION TO AN ESTATE, BUT I DON’T THINK THE APPLICATION SHOULD PROCEED. WHAT SHOULD I DO?
You can use the contact details that appear on the advertisement to contact the person who has advertised and explain your concerns. You may also wish to obtain legal advice about what legal options may be available to you to contest the application.
I DON’T WANT MY EMAIL ADDRESS TO APPEAR ON THE ADVERTISEMENT. WHAT SHOULD I DO?
An email address must appear on the advertisement, as you must be able to be contacted in relation to your application. If you do not want to use your personal email address, you may wish to create a new email address specifically for the purpose of administering the deceased’s estate. You can then use that email address to register for RedCrest-Probate, and that email address is what will be included on the advertisement.