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Probate is the legal process that involves the administration of a deceased person's estate under the supervision of a court. In Wahroonga, Australia, like the rest of New South Wales, the Supreme Court is the legal authority that administers probate, giving permission to executors of the deceased's will to manage the estate, pay off any debts and distribute assets to the beneficiaries.
You may need a Probate lawyer for a number of reasons. If the deceased person's will is contested or if there are complications like multiple properties or foreign assets, you will benefit from legal assistance. If there are disputes among siblings about the will, a probate lawyer can help mediate the situation. Also, a lawyer can assist if the deceased did not leave a will, known as dying intestate. Legal expertise can ensure everything is carried out lawfully and in the deceased’s best interest.
In Wahroonga and the rest of New South Wales, probate law is outlined in the Probate and Administration Act 1898. Only the executor named in the will can apply for probate. If a will is without a named executor, or if the executor is unable or unwilling to act, an eligible person can apply to the Supreme Court for 'letters of administration'. Other important local laws include the Succession Act 2006 which outlines how an estate will be distributed if the deceased died without a will. These laws can be complex, and it's recommended to seek legal advice when navigating probate process.
If the deceased did not leave a will, the process of managing their estate is known as 'administration' instead of 'probate'. In this case, a close relative, usually the spouse or a child of the deceased, would usually apply to the court for 'letters of administration'.
No, probate is not always required. For instance, if the deceased's assets were jointly held or if the estate is very small, probate may not be necessary. However, it's always recommended to get legal advice in such situations.
The executor's role is to carry out the wishes of the deceased as outlined in the will. This includes gathering the estate's assets, paying off any debts and distributing what remains to the beneficiaries.
Generally, it takes about 3 months for a straightforward probate process in New South Wales. However, it can take longer if there are complications such as contested wills or disputes among beneficiaries.
The cost of probate process can vary greatly depending on the complexity of the estate and if a lawyer is hired to assist. Court filing fees also apply.
The New South Wales Department of Justice has several resources for probate. The Supreme Court of New South Wales also provides probate forms and guidance. It is always advisable to consult a Probate lawyer who can help navigate through the process and provide important legal advice.
If you are an executor of a will or a close relative of someone who is deceased and facing the prospect of dealing with their estate, consider consulting a probate lawyer. They can assist you with the process of probate or administration as the case may be, explain local laws, guide you on the procedures to be followed, and offer support throughout the process.
