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What is a probate?
When someone dies, their estate has to be managed or distributed.
A probate is the process of identifying and transferring the assets of a deceased person’s will, via the executor, to the beneficiaries. The executor, whom the will usually has named, will need to get the authority, called the “Grant of Probate” to manage the estate of the deceased person.
This document proves the authority of the executor to handle the deceased’s estate. The executor will apply to the Probate Office by providing evidence of the will, the deceased death’s certificate and proof of their identity as the executor. Once the Grant of Probate has been approved, the asset management will be transferred to the executor to manage the distribution of the will.
The executor of the will can be an individual or a trustee company. If the person does without a will, the process is slightly more complicated in distributing their assets.
The process of probate can be stressful and challenging, particularly after the death of a loved one.
Our service is designed to reduce stress and provide peace of mind resolution when you need it most.
When Is Probate necessary?
Probate will need to be applied for even if the beneficiary named in the will is the surviving spouse.
This is to prove to the courts the will exists, your identity, and that you are named in the will. Once this is granted, you are able to manage the transfer of assets.
Probate is required when the deceased’s assets is solely under their name with no other names attached. Probate is to transfer the assets of the property, through an executor, to the beneficiaries named in the will. Probate should be applied within 12 months of the date of the death.
The process to grant probate can take between 2 to 6 weeks. Our experienced lawyers can assist you with advice and finalising the estate of the deceased stress free.
If you believe that a will did not fairly provide for you or your family or if you have concerns about the validity of a will, you can contest it. We are able to provide legal advice on the process and your rights in contesting or disputing a will and manage the legal process for you.
Why Choose Us?
9 years of soliciting experience
Affordable price and transparent pricing
Clear and open communication
Peace of mind conveyancing expertise
Professional and expert legal advice
Innovative and creative problem solving
Mobile service to a location of your choice
Available 24 hours for your convenience
Our other services
Leading the South Coast & Southern Tablelands in Conveyancing
Buying property can be the most important transaction of your life. Southern Coast Conveyancing aim to make this stage of your life enjoyable, rather than stressful. We hope that by providing clear communication and support, we can help you overcome the stress involved in your conveyancing transaction.
Expert Criminal Lawyers Servicing Wollongong and the Illawarra
Criminal Law in New South Wales is guided by Statute and Common Law. An understanding of both is essential to navigating this area of law. Our Principal Greg Murphy has extensive experience in addition to completing a Masters Degree in Criminal Law at the University of Wollongong. Greg has in-depth knowledge of the criminal justice system, practice and procedure, contact Greg to discuss your matter.
We have been successful in many contested criminal matters before the courts. Our successes range from fine-only offences, to indictable matters before the District and Local courts of NSW.
Success in finalising your matter to your satisfaction depends on acting quickly. Don’t hesitate to contact us for a free telephone consultation.
Family Lawyers Wollongong— Helping You Settle Divorce, Custody, Property
Experience, focus, communication, strategy, professionalism and costs. These are all issues of concern when seeking a Family Lawyer to conduct your matter. We guarantee all this, but more importantly, we will never lose sight of the real reason you are seeking a solicitor: the best interests of your child/ren, or settling property matters between the parties.
We pride ourselves on trying to settle Family Law matters early between parties.
Wills and Power of Attorney Advice, Wollongong
The importance of drafting a current will is never lost on the executors, or executrixes, that we deal with regularly.
Often we find wills that have been drafted some years ago. In their day, the will would have reflected positively on the assets of the estate when disbursed. However, in the present day they can produce difficulties when administrating estates.
POWER OF ATTORNEY:
A Power of Attorney deals with your financial and personal affairs while you are alive.
The requirements of a power of attorney will be discussed with you in a clear and concise manner.
Southern Coast Lawyers and Conveyancing covers the Illawarra area. We are contactable 24/7 for your immediate attention.
We provide legal services to the Wollongong area via our Windang office, just outside of Shellharbour. Our team attends to matters in all courts throughout Australia including Albion Park, Kiama, Port Kembla and Wollongong Local Courts.
Our legal services also include the areas of Conveyancing Law, Family Law, Wills and Estate Planning, and Family Provisions.
Hear from our previous client first-hand
Greg helped us through a difficult time in managing our mother’s death. He gave us advice on managing his estate and made to process smooth as we had enough to deal with at the time
Southern Coast Lawyers were very professional and sensitive in helping us manage our son’s estate when he died without a will. They worked tirelessly to help us ensure that his estates were distributed to the right people
I was the executor in my uncle’s will so I contacted Greg who walked me through the process and helped with the probate as well as the distribution of the estate. There were so many things to consider and Greg expertly gave me the help I needed. He was calm and professional
Frequently Asked Questions
A will is a legal document that articulates your wishes upon your death. It ensures that your assets are managed and protected in a way that you want it and appoints a guardian to care for your children if they are under the age of 18.
Probate is the process of identifying and transferring the assets of a deceased person’s will, via the executor, to the beneficiaries.
After the person who has left the will dies, the executor applies for a probate that gives them the authority to manage and distribute the estate of the deceased person.
Once you have been granted a probate, you are able to manage the assets and debts of the deceased. As your lawyers, we will be able to advise you on the best way to do this.
The cost of probate is dependent on the size and complexity of the estate of the deceased. When you contact us, we will ask you questions and explain the process to you.
As licensed experts in this area, it is highly recommended that you use a conveyancing lawyer that can ensure you meet your legal obligations when buying or selling a property.