The need for probate arises as the first step to ensuring the deceased’s estate can be properly administered and disbursed. Where a legal Will is in place, the appointed Executor shall be responsible for making sure that the assets are distributed in accordance with the deceased’s directions.
A grant of probate or letter of administration will first need to be applied from the Supreme Court. Probate refers to the application made the Court by a named/appointed Executor (or Executors) identified in the Will of the deceased. On the other hand, letters of administration refers to an application made to the court where the Will of the deceased cannot be found or where there is a Will but the executor is unable to act or there is no named executor. Upon attainment of this ‘application grant’, administration of the estate can then commence.
With our wealth of experience at Biz Lawyers & Advisory, we can assist you every step of the way – from the creation of a robust Will to ensuring that your executor is well placed in the organisation of probate and the eventual disbursement of assets to your beneficiaries. If you would like for trusted advisors to undertake these responsibilities for you, please contact our team today.