What is probate?
When a person passes away the appointed executor of the Will may need to apply for Probate in order to distribute the deceased person’s estate as per their Will (or if they do not have a Will, according to the laws of intestacy). Probate may be needed to gain access to assets such as bank accounts, superannuation funds, shares and transfers of real estate. It will depend upon the nature of the deceased person’s assets as to whether it will be necessary for you to obtain probate.
We provide advice and representation to our clients on the following matters:
- provide advice about the rights and responsibilities of an executor;
- prepare the court documents needed to apply for probate;
- assist you to identify, locate and collect the deceased’s assets;
- arrange for advice to be given to you on the possibility of any tax liability;
- collect assets and pay debts using our trust account;
- organise distribution of assets to beneficiaries;
- explain the legal order of distribution of the estate in situations where there is no Will;
- draft and produce statement of receipts & payments and distribution statement for the beneficiaries.
We offer a free initial appointment to answer any queries you may have.
If possible, please bring the following documents to your initial appointment:
- the original Will (if available) or a photocopy will suffice
- original or copy of death certificate
- details and proof of assets/liabilities such as bank account statements or passbooks, rate notice, title particulars, share certificates etc
- names and current addresses of executors.