Probate & Administration of Estates Lawyers Wollongong
Get Help From Our Experienced Probate & Administration of Estates Lawyers in Wollongong
If you have been named an Executor of a Will and the testator has passed away, you might be surprised to learn that you cannot simply manage the deceased’s assets immediately upon their passing.
In some circumstances, an Executor (or a proposed Administrator, where there is no valid Will) must apply to the Supreme Court of NSW for an order, referred to as a Grant of Probate or Letters of Administration, allowing them to administer the estate.
Probate is a legal process where the Executor named in the Will validates and executes the deceased person’s Will and manages their estate.
The need to apply for Letters of Administration (LOA) arises when a person dies without a Will (intestate) or with an invalid Will. In such cases, the court can appoint an Administrator and grant them the authority to distribute the deceased’s property and assets. The rules determine who can apply for LOA and who is entitled to benefit from the estate in the absence of a valid Will.
Probate and Letters of Administration must be applied for within six (6) months of the date of death. The process can be complex and overwhelming, especially during an already difficult time.
At Hanna Lawyers, we are experienced, efficient, and empathetic. We charge regulated/scale professional fees for applications for Probate or Letters of Administration and encourage you to contact us for assistance with your estate matter today.
The sooner you seek legal advice, the smoother the estate administration process will be. Act now to ensure your loved ones are supported, your responsibilities as an executor are clear, and the estate is handled efficiently.
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Probate & Administration of Estates FAQs
What is probate, and why is it necessary?
Probate is a legal process where the Executor named in a valid Will applies to the Supreme Court of NSW for a Grant of Probate. This process verifies the Will and grants the Executor the authority to manage and distribute the deceased’s assets.
What is the difference between probate and Letters of Administration?
Probate is required when there is a valid Will, and it confirms the Executor’s authority to administer the estate. Letters of Administration, on the other hand, are needed when someone dies without a valid Will (intestate) or with an invalid Will, allowing the court to appoint an Administrator to manage the estate.
When should I apply for probate or Letters of Administration?
Applications for both Probate and Letters of Administration should generally be made within six (6) months of the date of death to ensure the timely and efficient management of the estate.
