The Probate Process
The process of applying for probate can be stressful and lead to legal issues if proper care and due diligence are not taken. With Ryan & Seton probate lawyers, we take care of all the legal concerns, so you can focus on what really matters.
Our team will assist you in applying for Probate, and support you through the entire process. Our Probate solicitors are also experienced in defending or disputing a Will, so if the need arises we’ll be on hand to assist to make sure your best interests are met.
Probate And Deceased Estate Management
If you are named in someone’s Will as an executor, you may have to apply for probate. This is a legal document giving you the authority to share out the estate of the person who has died according to the instructions in the Will. Probate makes sure a deceased person’s debts are paid and assets are allocated to the correct beneficiaries.
If a deceased person does not have a Will, validation of their estate and benefactors is not done with a Grant of Probate, but with a similar document known as Letters of Administration.
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Probate & Deceased Estates FAQs
When the deceased party has no recorded Will, this is referred to as “Intestate”.
Intestacy laws are different for each state, but in NSW how a deceased estate is distributed depends on what family members the deceased has left.
Children, spouses, siblings, and parents can all influence how the estate is divided.
The law in this area is complex. It is recommended that you speak to a deceased estate solicitor.
The Will fails and cannot be admitted to probate. In that event, the next appropriate persons can apply for Letters of Administration with the Will annexed.
There is usually some complexity with that application, both in the form of the application as well as who or whom should apply to be administrator/s of the estate.
Under rule 78.16 of the Supreme Court Rules 1970 (NSW), if an executor has not filed for a grant of probate within six months from the date of death then the executor must file an affidavit explaining the delay.
Executors are required to wait at least two weeks before submitting the application for Letters of Administration.
Once the application is submitted, it will typically takes two to six weeks before the Grant is issued.
No, the POA can only apply for Probate if they have also been named as an Executor.
If they are not named as an Executor, the POA does not have any power in obtaining probate or estate administration.