Managing and administering an estate can prove to be time-consuming and complex but retaining an experienced legal practitioner will provide guidance to navigate this difficult task. The First step is obtaining Probate or Letters of Administration.
Our team here at Stone Group Lawyers have the expertise and experience in Estate Planning to personalise an enduring plan for you and your estate to so that you can continue to provide for your nearest and dearest.
To book in a free 30 minute consultation with one of our Wills and Estate Lawyers, use the booking form below or call the office on (07) 5635 0180.
The purpose of obtaining probate of the Will is to satisfy the relevant government departments, banks and other institutions that hold the assets of the deceased that they can release those assets to the executors with confidence that the Will is the last Will of the deceased and has been properly executed.. Essentially, this is the Supreme Court’s recognition that a will is legally valid and as such, the Court will issue a grant of probate. This is not always a prerequisite to administering an estate but it is usually required before the Executor may begin to distribute the estate according to the will’s instructions.
The Executor of the will is usually responsible for applying for the grant of probate or, in the event the Executor has passed away or is unwilling to act, another person can apply for a grant of letters of administration.
A grant of probate will not be required where:
Further, where a person is intestate, a family member or spouse can apply for an authority called letters of administration on intestacy which, upon being granted, provides the authority to collect and distribute the intestate’s assets.
When administering an estate, Executors have specific duties to perform and account for. In some instances, the Executor/s will be remunerated for their services. Where a will does not provide instructions on this point, an Executor may still be entitled to such remuneration subject to court authorisation or an agreement between the beneficiaries.
As part of their role, Executors are entitled to recover all incurred expenses from the estate and commission for any obstacles sustained in performing the estate’s administration.
If you require help discharging your duties as an Executor named in a will, contact our office today for an initial consultation to receive assistance and support for this complicated process.