Probate Office - Election of Guardian

Use these documents if:

• you are aged between 12 and 17 years and wish to choose a person to act on your behalf in relation to the administration of a deceased estate; or
• you are the person chosen by the beneficiary and seek to be appointed administrator; or
• you have been asked to provide information about the suitability of a proposed administrator.

Where a beneficiary of an estate is under 18 years of age, the Court may require information about the person proposed to administer the estate on the beneficiary's behalf.

These documents help provide information about:

• the beneficiary's choice of guardian;
• the proposed administrator's relationship with the beneficiary;
• the proposed administrator's suitability to administer the estate; and
• the proposed administrator's ability to act in the beneficiary's best interests.

This form may be completed by a beneficiary who is at least 12 years old but under 18 years old. It allows the beneficiary to choose a person to act on their behalf in relation to the administration of the estate.

This affidavit should be completed by the person applying to be appointed administrator on behalf of a beneficiary under 18 years of age.

This affidavit should be completed by a person who knows the proposed administrator well and can provide information about their suitability to administer the estate.

Because the proposed administrator is not entitled to receive part of the deceased's estate, the Court will usually require a surety guarantee before a grant is made.

A surety guarantee is a promise by another person to protect the estate and its beneficiaries if the proposed administrator does not properly carry out their duties.

If loss is caused to the estate because of something the proposed administrator does or fails to do, the person providing the surety guarantee may be required to compensate the estate.

The following documents may be required.

Surety Guarantee

This document should be completed by a person who agrees to act as surety for the proposed administrator.

Affidavit of Justification for Surety Guarantee

This affidavit supports the surety guarantee and should be completed by the person providing the surety guarantee.

The affidavit asks for information about the person's financial circumstances and ability to meet the obligations of the surety guarantee.

If there is a will

The application will be for letters of administration (with will annexed).

When preparing the application in RedCrest-Probate:

Plaintiff(s) Details tab
Select as the reason the plaintiff can apply:
Elected or applying to be assigned guardian of a minor entitled to share in the estate

Advertise tab
Add the following further information:
This application is made by the plaintiff in their capacity as the elected guardian of [name of minor beneficiary], the minor child of the deceased who is a beneficiary under the will.

If there is no will

The application will be for letters of administration (no will).

When preparing the application in RedCrest-Probate:

Relationship Details tab
Select as the reason the plaintiff can apply:
Elected or applying to be assigned guardian of a minor entitled to share in the estate

Advertise tab
Add the following further information:
This application is made by the plaintiff in their capacity as the elected guardian of [name of minor beneficiary], the minor child of the deceased who is entitled to share in the estate.