What is Probate?
Probate is the process of proving and registering in the Supreme Court the last Will of a deceased person. When a person dies, somebody has to deal with their estate.
When someone has passed, it is usually the executor of their Will who administers the estate and handles the disposal of the assets and debts. In order to get authority to do this, the Executor would need to obtain a legal document called a ‘Grant of Probate’. Hiring a specialist in Probate Law is essential as not all Wills are straight forward and can lead to many family quarrels if the estate is not handled correctly!
To protect the interests of those who hold the deceased’s assets (for example banks) the Executor may be asked to prove they are authorised to administer the Will, before the assets can be released. The Grant of Probate is the proof required.
To obtain a Grant of Probate, the executor named in the Will must apply to the Probate Office of the Supreme Court. At Heckenberg Lawyers, we take all of the headache and heartache out of this process and do this on your behalf. If the application is approved, the Executor is given a Grant of Probate to confirm the author of the Will has died, the Will is authentic and the executor is who they say they are.
An executor can be an individual or a trustee. Once a Grant of Probate has been given, management of the deceased’s assets can safely be transferred to the executor.
All Grants of Probate are stored, along with the corresponding Will, at the Supreme Court. These are public documents. If a deceased person does not have a Will, validation of their estate and benefactors is not done with a Grant of Probate, but with a similar document known as ‘letters of administration’.
Our practice fees to obtain a “Grant of Probate” or “Letters of Administration” are fixed in accordance with the fees found in – schedule 3 of the “Legal Profession Uniform Law Application Regulation”. Please note that these fees are based on the value of the assets of the estate in question.
If you requre further information in relation to the administration of an estate, which can include, the “winding-up of bank accounts, selling shares, or superanuation, please call our office for quotation.
If you would like further information on Probate Law or need a qualified Probate Lawyer that can help you with a Probate matter, please call Heckenberg Lawyers today on 02 9221 2779 or email Graeme Heckenberg the expert Lawyer on all matters relating to Probate Law on: firstname.lastname@example.org
Offices are conveniently located in Sydney city close to all transport links.