Administration of Estates

What is Probate?

Probate is the formal seal of a will by the Supreme Court.  It provides the executors of the estate with certainty regarding the administration of the estate.

When is Probate required?

Probate is required in circumstances where banks, superannuation funds or other institutions require it to release funds or transfer assets to the estate.  Probate may also be necessary in circumstances where there may be a contested administration of the estate.

What are Letters of Administration?

The grant of Letters of Administration is a grant of authority from the Supreme Court to a person to administer an estate where someone dies without a will or an incorrectly drawn will.  There are rules that govern who will be appointed to administer an estate in the absence of a will and how the estate is to be administered.  The order of priority in which a family member will be appointed as administrator is spouse, adult children, parents and then siblings.  There is a similar order of priority for the distribution of assets from an estate where there is no will.

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