Probate & Administration of Estates

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 deal with the assets of the deceased on their passing.

In some circumstances it is necessary for an Executor (or a proposed Administrator, where there is no valid Will) to apply the Supreme Court of NSW for an Order, referred to as a Grant of Probate or Letters of Administration, allowing them to manage the estate.

Probate is a legal process that involves the Executor named in the Will validating and executing the deceased person’s Will and administering their estate.

The need to apply for Letters of Administration (LOA) arise where a person dies without a Will (intestate) or an invalid Will. Where a person has died intestate, the court can appoint an administrator and with them the authority to distribute the deceased’s property and assets. The Rules direct who can apply for LOA and who benefits from an estate where the person has not left a valid Will.

Probate and Letters of Administration must be applied for within six (6) months of the date of death. The process of applying for Probate or Letters of Administration can be confusing and overwhelming during an already difficult time.

At Hanna Lawyers we are experienced, efficient and empathic. We charge regulated/scale professional fees for any application for Probate or Letters of Administration and encourage you contact us for assistance with your estate matter today.

Phone: 02 4228 0084

Office: Level 1, Suite 43,
 26-28 Market Street
 
Wollongong NSW 2500