What is probate?
Probate is the legal process required to distribute the assets of a deceased person.
The process involves a number of steps that need to be followed prior to distribution of the estate which is normally carried out by the executor under the Will.
The executor is required to obtain authority from the Supreme Court to distribute the deceased person’s assets and pay their debt. This processes is called obtaining a Grant of Probate. The Grant of Probate is a legal document confirming that the deceased person has died whilst having a valid Will and the executor is the person nominated by the deceased to distribute the assets in accordance with the instructions provided in the Will.
Who needs a Grant of Probate?
If individual dies whilst owning any substantial assets, you will need a Grant of Probate. You may not need to obtain a Grant of Probate if the deceased did not own any property or only had a small amount of money in their bank account. In this situation you are best to contact the financial institution where the money is held to confirm requirements for release of the funds. You are also not be required to obtain a Grant of Probate if your spouse or close family member has died and all their assets are held jointly. If this is the case please contact our office and we will provide you a FREE guide of the steps involved in having the assets transferred to the surviving joint tenant.
I have been appointed as the Executor, what do I need to do?
If a close family member or friend has appointed you as the Executor of their Will that means that you were the person they trusted the most and accordingly gave you the role of distributing their assets and paying their debts from the assets held in the estate. Our trusted solicitors are here to take the stress away from you during this difficult time and will guide you through the process. In order to obtain a Grant of Probate (if required) you will be required to provide the original Death Certificate and the original Will. If you have been appointed as the executor and wish to discuss the process further, call our office today to claim your FREE 30 minutes 1-1 consultation and one of highly experienced solicitors will be available to answer any questions you have.
A family member of friend has died without a Will, what is the process involved?
Instead of applying for a Grant of Probate, if the deceased did not have a Will, an application is required to be lodged with the Supreme Court to have an eligible relative granted permission to distribute the assets in accordance with a pre-determined formula in which surviving relatives will receive assets held by the deceased, this process is called obtaining a Grant of Letters of Administration. If you wish to discuss the process further, call our office today to claim your FREE 30 minutes 1-1 consultation and one of highly experienced solicitor will be available to answer any questions you have.
Why is Zenith Legal your best choice when it comes to choosing a solicitor to help distribute assets of a deceased family member?
Here at Zenith Legal our clients are at the centre of everything we do. We understand the pain of losing a loved one and we are here to make the process as simple as possible. We pride ourselves on our efficiency and will strive to have one of our solicitors answer any questions you may have along the way in a manner using your preferred method of communication. Your loved one placed all their trust in you, ensure that their last wishes are followed through by using our experienced solicitors who have worked on countless Probate matters providing fixed pricing. To claim your free 30 minute 1-1 consultation call us today!
Contact us to arrange a consultation with an experienced NSW probate lawyer.