Probate Lawyers
Navigating the probate process is a crucial step in managing the affairs of a deceased person. Whether you’re an executor or a beneficiary, understanding probate NSW is essential for effectively administering the deceased person’s estate.
In most cases, you need to obtain a Grant of Probate from the Supreme Court. This is, essentially, permission, to deal with the assets in the estate. We can help you by:
- working with you to identify what the assets of the estate are
- advising you as to how the Will determines the treatment and distribution of those assets
- preparing the application to the court and explaining the process to you
- assisting you to carry out the intentions of the Will
- ensuring that you complete the administration of the estate according to law
- protecting you, where possible, from claims by creditors or disaffected family members of the deceased
- guiding you on taxation issues in dealing with the assets of the estate
Before applying for Probate, an Executor will need to have the following:
- The death certificate of the deceased person; and the original Will. Once the Executor has these documents, they can start applying for Probate
What is a Probate?
Probate is the process that is completed when a person leaves assets to distribute such as bank accounts, real estate and other investments, in their will. It also includes the general administration of a deceased person’s will of the estate of a deceased person without a will.
What is an executor?
A will typically assigns an ‘executor’. This person is responsible for overseeing all the assets of the deceased and carrying out the instructions of the will. Other roles of the executor may include:
- Paying off any taxes and debt owed by the estate
- Estimating the value of the estate
- Filing the final personal income tax returns of the deceased
- Choosing a solicitor to help them if necessary and avoiding any conflict of interest in the choice.
- Compromise any claim against the estate believed to have merit.
- Etc….
The Probate Process
The probate process is as follows:
1 – When you have been notified of the death, contact PB Lawyers Australia for advice and assistance with the probate process
2 – Make sure you have all of your documents together. You will need a copy of the will, any codicils attached to the will and a copy of the death certificate
3 – Advertise a notice of your intention to apply for a grant of probate. This is completed using the Online Registry. You must wait 14 days after advertising your intention before you can file your summons for probate.
4 -Complete and file the summons for probate
5 -Draft and file the grant of probate and inventory of property
6 -Prepare and file the Affidavit of the Executor and attach a copy of the will and the inventory of property
7 -File your application with the Supreme Court of NSW along with a self-addressed envelope
8 -Once probate has been granted, it will be sent to you in the self-addressed envelope you supplied the court
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Probate Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Determining Entire Asset and Liability List
Protecting and Advising Against Possible Claims
Arranging Sale of Assets
Lodging Probate Documents
Confirming Validity and Making Sure No-One is Left Out
Client Testimonials and Reviews
Frequently Asked Questions
What are the timeframes for a Grant of Probate?
An application for a Grant of Probate should be filed with the Supreme Court of New South Wales within six (6) months of the date of death
The administration of the estate should be finalised and distributed to the beneficiaries within twelve (12) months from the date of death.
Who can apply for a Grant of Probate?
The person or persons named in the Will as the Executors are responsible for applying for a Grant of Probate.
If the first named Executor has passed away or is unable to act as the Executor because they are unwell, then the person named as the substitute or alternate Executor will be able to make the application.
Who pays for the funeral expenses?
Funeral expenses are considered an estate expense, this means that the deceased’s bank accounts can be used to pay for the funeral expenses.
However, if any other person pays for the funeral expenses, they are entitled to be reimbursed for these expenses from the estate.
What if there is no will?
If there is no Will, it is most common that the next of kin of the deceased will apply to the Court for Letters of Administration.
The distribution of the estate would then occur in accordance with particular rules of intestacy. The rules of intestacy are a set of rules that determine exactly who will receive a benefit from the estate and in what proportions.
