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Probate & Deceased Estates

It is extremely difficult when a loved one passes away. Not only do you need time to grieve but you find yourself asking: what happens next?

There are no timelines for finalizing a deceased estate however, you may wish to look for a Will as soon as possible after the person has passed away to review any specific requests for funeral arrangements and any other wishes that they may have requested. The Will ought to nominate an Executor (or two).

We are here to alleviate some of those worries and assist you in understanding what steps need to be taken so that you can focus on other things.

Our wills and estates team has extensive knowledge and experience in assisting with deceased estates and are there to help and explain the process in an easy-to-understand way.

 

Role of Executor

 

The role of the Executor(s) is to:

  1. make arrangements for the funeral of the deceased;
  2. obtain information about the assets and liabilities of the deceased; and
  3. upon a Grant of Probate being received, the Executor also has to pay all debts of the estate and distribute them according to the wishes of the deceased.

 

Dealing with Assets

 

Some assets can only be dealt with by an Executor(s) after a Grant of Probate has been issued, such as:

  • real estate;
  • money in bank accounts (over a certain amount); and
  • shares that are in the sole name of the deceased.

Some assets can be dealt with without a Grant of Probate which depends on the type, size and value of the asset.

We can assist you in the early stages to advise you on whether a Grant of Probate is required for any of the assets of the deceased.

 

Grant of Probate

 

A Grant of Probate is a legal process that requires an application to the Supreme Court of South Australia. Its requires:

  1. an original Will,
  2. the Death Certificate; and
  3. a statement of all assets and liabilities of the deceased.

There may be circumstances where it may be necessary to prepare further documents required at the time of making an application for a Grant of Probate.

We will be able to advise you as to any supplementary documents that may be necessary during the initial stages.

The process for administering a deceased estate can be straightforward or complex.  Such complexities may include:

  • The person passed away without a Will;
  • The willmaker’s circumstances or assets substantially changed after the making of the Will;
  • The willmaker holds property overseas; or
  • The Executor(s) named in the Will may be unable or unwilling to accept the nomination.

 

What happens when a Will cannot be located? – Letters of Administration

 

In the event there is no will, a Will is unable to be found (known as dying intestate) or the Will does not comply with the formalities required to ensure that it is a valid Will, an application will still need to be made to the Supreme Court of Australia for someone to deal with assets.

This is known as an application for Letters of Administration.  A person entitled to apply for letters of administration is called an Administrator.  The role of an Administrator is very similar to those of an Executor.

The main difference between a Grant of Probate and Letters of Administration being issued is who can apply.  A named Executor(s) is entitled to apply for a Grant of Probate, whereas if a person passes away intestate or no valid Will can be found, then only certain persons are entitled to make an application for Letters of Administration.

This includes:

  • Spouse of the deceased;
  • A person who has been divorced from the deceased;
  • The domestic partner of the deceased (noting that this is not necessarily a de facto partner);
  • Children of the deceased;
  • A child of a spouse or domestic partner of the deceased;
  • A grandchild of the deceased;
  • Parents of the deceased; and
  • Siblings of the deceased.

 

Why Bambrick Legal for Probate & Deceased Estates?

 

When you partner with our probate and deceased estates lawyers, you gain:

  • access to deep expertise, knowledge, and efficiency, with 10+ years of industry experience;
  • access to a team fluent in English, Spanish, Italian, Mandarin, Cantonese, Malay, and Indonesian;
  • certainty with known costs;
  • a relationship with lawyers who care about you and your family;
  • a team that will support you with robust and creative strategies to help you achieve your objectives;
  • … and much more.

 

How much does it cost?

 

Fees at Bambrick Legal are competitive and cost-effective.

You will get a complete estimate of costs only after we have completely understood your needs. This is the only way that you will receive a service that is a perfect match for you.

Call us on 08 8362 5269 to speak with a probate lawyer or submit a contact form below (and we’ll get back to you within 1-business day). We offer a free, no-obligation 15-min consultation for all enquiries

 

Discover if we can help you, with a free consultation

 

Your first consultation with us is always free: Book yours now

Do you need assistance?

 

At Bambrick Legal, our legal team can assist with any of the services above. If you would like to know more, please contact one of our friendly staff at Bambrick Legal today:

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