Estate Administration
Probate & Letters of Administration
The executor or administrator of an estate is responsible for collecting the deceased person’s assets, paying any outstanding estate debts and distributing the assets to the beneficiaries named in the will.
However, the asset-holders (for example, the deceased person’s bank) will often require the executor or administrator to obtain a grant of Probate or Letters of Administration from the Supreme Court of New South Wales before they release the asset.
Such a grant from the Supreme Court asserts the executor’s or administrator’s right to administer the deceased’s assets and protects the rights of current asset-holders and debtors of the estate from future claims.
The executor or administrator of an estate is responsible for collecting the deceased person’s assets, paying any outstanding estate debts and distributing the assets to the beneficiaries named in the will.
However, the asset-holders (for example, the deceased person’s bank) will often require the executor or administrator to obtain a grant of Probate or Letters of Administration from the Supreme Court of New South Wales before they release the asset.
Such a grant from the Supreme Court asserts the executor’s or administrator’s right to administer the deceased’s assets and protects the rights of current asset-holders and debtors of the estate from future claims.
Probate
A Grant of Probate is a formal acknowledgement from the Supreme Court of New South Wales that a will is valid. It also provides the executor named in the will with legal authorisation to begin administering the estate in accordance with the Will.
A Grant of Probate isn’t necessary in all cases - it depends on the value of the estate. Without a Grant of Probate, some institutions such as banks, share registries and the Lands Registry may not cooperate with you as the executor.
We can assist in understanding firstly whether you need a Grant of Probate and then give advice on the requirements for a Grant of Probate and your duties as an executor, prepare the various legal documents that must be filed in the Supreme Court of NSW depending on the circumstances and assist with the distribution of the estate.
Managing an estate after the death of a loved one is stressful, complicated and time-consuming. If you need to apply for a Grant of Probate, or have a query regarding your role as an executor, get in touch with our team.
A Grant of Probate isn’t necessary in all cases - it depends on the value of the estate. Without a Grant of Probate, some institutions such as banks, share registries and the Lands Registry may not cooperate with you as the executor.
We can assist in understanding firstly whether you need a Grant of Probate and then give advice on the requirements for a Grant of Probate and your duties as an executor, prepare the various legal documents that must be filed in the Supreme Court of NSW depending on the circumstances and assist with the distribution of the estate.
Managing an estate after the death of a loved one is stressful, complicated and time-consuming. If you need to apply for a Grant of Probate, or have a query regarding your role as an executor, get in touch with our team.
Letters of Administration
If the deceased died without a valid will, that is, they have died intestate, or they have made a will, but none of the named executors is available or able, the next-of-kin may apply for Letters of Administration from the Supreme Court of New South Wales. This can be a complicated and stressful process.
You are firstly required to conduct a thorough search to locate any will or any other document that might set out the intentions of the deceased to distribute their estate.
We can assist you throughout the process, and in the preparation of the documents, you will be required to file with the Supreme Court of New South Wales, including a summons, inventories of the deceased assets and liabilities and various affidavits. Our team is experienced with the process and will be able to assist you with the process.
You are firstly required to conduct a thorough search to locate any will or any other document that might set out the intentions of the deceased to distribute their estate.
We can assist you throughout the process, and in the preparation of the documents, you will be required to file with the Supreme Court of New South Wales, including a summons, inventories of the deceased assets and liabilities and various affidavits. Our team is experienced with the process and will be able to assist you with the process.