If you have been named as executor in a Will, you will need to determine whether Probate is required. Probate is obtained from the Supreme Court following its review of the Will, including to ensure that you are the proper person to be applying for Probate as executor.
Probate is not always required, so it is imperative that you get the right advice. This will include advice on finalising tax affairs, payment of any outstanding bills and funeral expenses.
If a person has passed away without a Will, then Letters of Administration may be required from the Supreme Court. This has the same effect as Probate, in that a person is named to administer the estate, but distribution of the estate is governed by State legislation rather than by a Will.
Once Probate or Letters of Administration have been obtained, the executor or administrator then has legal standing to deal with the deceased’s assets by:
- Selling them; or
- Cashing them in; or
- Transferring them, or
- Otherwise doing as instructed by the Will.
Applying for Probate or Letters of Administration and then administering the estate involves lots of complicated paperwork and any family disputes may need to be dealt with. It can be difficult to deal with this when you are mourning the loss of a family member or loved one. Please contact us to discuss how we can assist in making the process as smooth as possible for you.