Probate & Letters of Administration

Have you been faced with the death of a loved one and not sure now how to proceed with their estate? Do you need help with Probate, or Letters of Administration?

At Proctor & Associates we can help you with your application to the Supreme Court of NSW for Probate or Letters of Administration.

If the deceased has left a valid Will, then the application for Probate can be made quickly and efficiently to the Supreme Court. However, if no valid Will exists, an application for Letters of Administration has to be made.

In circumstances where the deceased leaves no will, the legislation sets out how an estate may be distributed and by whom. (see Intestacy)

If the deceased leaves a will, it is a requirement that an executor be appointed to administer the will upon the death of the person.

In order to deal with or dispose of the assets of the deceased in accordance with the will, the executor must in most cases, be granted Probate.

How is an application for probate made?

An application for Probate is filed with the Supreme Court of NSW and is accompanied by various documents including:

  • The original will;
  • A death certificate;
  • An inventory of the deceased’s assets.

There is also a requirement that a notice is published in the newspaper stating that an application to the court is being made.

Without a grant of Probate, the executor may have difficulty in accessing the deceased’s bank accounts, although banks are often reasonable in allowing the release of certain funds for ongoing expenses such as funeral and associated expenses, once the executor proves his identity and produces a copy of the will. However, when it comes to transferring property to the beneficiaries, then probate must be granted first. Often, nursing homes won’t release funds held by then until probate is granted.

When the Court grants Probate, the executor is authorised to administer the estate of the deceased in accordance with the will.

The Probate document acts as proof to asset holders (Banks, Private Companies and Government Departments) that the executor is authorised to deal with the assets of the estate.

Filing an application for Probate and administering an estate can be a time consuming exercise, complicated and costly if mistakes are made.

It is therefore recommended that you seek a professional to assist in your estate planning.

Contact Proctor & Associates today and we will gladly assist you in the preparation for probate or seeking letters of administration.

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