Probate Services
What is Probate?
Probate is the legal process of proving a Will. As probate lawyers we assist the Executor of a Will in making the application for probate in the Supreme Court. The process is complex and needs to be accurate in respect to the assets and liabilities of the estate. Once probate has been granted by the court, the executor then has the ability to deal with the assets of the estate and accordance with the Will instructions.
How do you apply for Probate?
Being an Executor of an estate is a daunting task. Firstly, you must be the named Executor in the Will. The executor will then need to obtain the death certificate as well as seeking out all the necessary information of the deceased’s property and liabilities. This will require extensive searching of all banks, share market clearing houses, real estate title searches and much more.
Once all the assets and liabilities information has been gathered they will need to be valued as at the date of death. The Executor may need the assistance of a valuer to accurately value the assets as these values are required to be sworn in an affidavit before the court. The next step to applying for probate is the Executor needs to advertise their intention to apply for probate. There is a time limit once the advertising has been made before the application for probate can be made. This will allow any creditors to contact the Executor and claim a debt against the deceased estate.
Our probate lawyers are highly skilled preparing the necessary court applications and preparing detailed accurate affidavits. In addition to this our probate lawyers also have access to all the internal departments at major banks and building societies to make sure any unidentified assets are located. Our probate lawyers goal is ensure all assets of the estate are found, identified, valued and then called into the estate for maximum distribution to the estates beneficiaries.
Another critical step is to see if a caveat has been lodged against the Will of the deceased. Our probate lawyers undertake the necessary searches of the court’s records and keep you fully informed as well as providing you with the legal advice you need.
What happens when probate has been granted?
Once the court has made an order for the grant of probate the Executors job is far from over. The Executor then must follow the instructions contained the Will which in most instances will include the selling of assets, collecting bank monies, attending to tax returns and paying debts. It is also vitally important that even prior to obtaining probate the Executor is aware of any possible claims where someone may want to contest the will. Speaking to one of our probate lawyers will help you plan and build a strategy should this be likely in your circumstance.
How our Probate Lawyers are helping Executors from probate to Administration to Distribution
Our probate lawyers can help you every step of the way. The legal costs are paid from the estate so there is no out of pocket expenses the Executor needs to pay. Our probate lawyers can
- prepare all the necessary court documents,
- liaise with all banks and other financial institutions,
- deal with insurance companies,
- search and manage share market clearance house transactions,
- search land title office registers;
- manage the payment of any retirement or accommodation bonds;
- investigate overseas assets; and
- undertake asset searches in other states.
In addition to this we can arrange to have the final tax returns completed as well as settle any debts owed.
We also offer administration services where our expert probate lawyers can take all the pain away when you have to administer the estate. Our probate lawyers will organise for the sale of shares, call in term deposits and bank funds as well as making the necessary arrangements to prepare any real estate to be sold. Ensuring the estate recovers as much money as possible our probate lawyers will call on experts and trades to arrange cleaning, gardening, maintenance, insurance as well as sourcing the best real estate agents to get the best possible return for the estate.
We offer our probate lawyers services for a fixed price so you know exactly how much the legal costs are from the outset. Your role as Executor is made easier when you appoint our probate lawyers allowing you to rely on our expert advice knowing the estate is in good hands.
Explore Probate & Contesting a Will
Probate | Letters of Administration | Estate Administration | Contesting a Will | Defending An Estate