When a person makes a will, they usually appoint a person they trust to handle their last wishes and administer their estate to its beneficiaries. This person, called the executor, is responsible for distributing the property and belongings of the deceased. But, in order to do so, they must be authorised by the Supreme Court. Whether you’re in Brisbane, Melbourne, or Sydney, probate lawyers can help the process go seamlessly and ensure your application is approved in a timely manner.

How Do I Know If a Grant of Probate Is Required?

If a person owned assets solely in their name or real estate in common with another party at the time of their death, you may require a grant of probate as an executor.

In order to protect the interests of those who hold the deceased’s assets, the executor may be asked to prove they are authorized to administer the will before the assets can be released.

There are also some instances in which a grant of probate is not required. For example, if the deceased owned real estate as a joint tenant with another person, such as a spouse or partner, the title can be transferred to the surviving party without a grant of probate in most instances.

For more information about how the deceased’s assets were held, contact the institutions most likely to be holding those assets. More often than not, the institution will be able to let you know whether they require a grant of probate to release those assets. However, if you remain unsure, contact a lawyer to seek legal advice about your specific situation.

Do I Need a Lawyer to Apply for a Grant of Probate?

One of the most common questions people tend to ask is whether or not it is required to have a lawyer when applying for a grant of probate. While most people choose to have a lawyer prepare and file an application for a grant of probate on their behalf, it is possible to do it yourself.

If you find probate difficult or emotionally upsetting, contact a lawyer for legal assistance.  A good lawyer will also give you legal advice about your duties once the grant of probate has been provided and you then become an executor or administrator of the estate.  If you don’t know your duties as executor or administrator, you could be personally liable for any losses of the estate.

When Can an Application for a Grant of Probate be Administered?

An application for a grant of probate can be made at any time after 14 days from the death of the deceased. If an application for probate is filed after six months from the date of death of the deceased, an explanation must be given to the court accounting for the delay. This can be done by including an explanation in the affidavit of the executor or lodging a separate Affidavit of Delay.

Finding the Right Representation Online

There are many DIY sites available for those seeking probate advice. Australia has complex and at times, conflicting laws pertaining to probate and settling estates. Each state makes their own laws pertaining to inheritance. In this case, it is so important to seek out legal advice from a family lawyer who is local and can speak to these legal intricacies.

The way of the world has become to turn to the World Wide Web when searching for products or services. Legal advice is no different – but there is a wealth of sites and firms out there. When seeking out probate lawyers throughout Australia, you will want to think of the following:

·         Geography – does your lawyer understand the laws where you live? You will want to hire someone who is experienced in probate law where you reside and how it applies to your specific location.

·         Accessibility – can you access your lawyer and track the progress of your case? Tech-savvy companies will use online tools to communicate with their clients. By using a client portal, you can see all the stages of your case and where you are in the process.

·         Up-front information – you want your lawyer to be candid and offer you clear and concise information. By setting expectations early you will have a greater understanding of the costs associated with your case.

The process of applying for a grant of probate can be tricky. Probate lawyers can help take the confusion out of the process and ensure that your loved one’s estate is protected. Talk to a lawyer for legal advice on your specific situation.