Probate

Probate is the process by which the Court confirms the validity of a Will. When probate is granted, the Court is satisfied that:

•   the Will has been proved and registered as the last valid will of the deceased, and
•   the named executor(s) have authority to administer the estate.

Although there is no legal requirement to obtain probate in every case, those corporations managing the assets often require probate before releasing them to the Executor.

In cases where there is no Will, an application must be made to the Supreme Court in order to grant an individual (or individuals) the authority to administer the estate. There are also legal requirements as to the order in which an estate can be distributed.

We can guide you through this process and manage the required documentation, removing as much pressure as possible from you during what is undoubtedly one of the most difficult times in your life.

Administration of a deceased estate

Executors are often people close to the deceased, and so the process of administering a Will is often challenging - not only in a practical sense, but also an emotional one.

Our goal is to provide information and guidance, as well as support, around areas such as:
  •   Understanding your rights and responsibilities as an executor
  •   Completing probate documents
  •   Identifying, locating and gathering the deceased’s assets
  •   Identifying any debts to be paid and understanding tax liabilities, and
  •   Distributing assets to beneficiaries.

Blue Mountains Legal Services
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