Probate is the process in which an application is made to the Supreme Court by the executor of a will to obtain the estate assets and distribute them. It requires a copy of the will with any codicils and an inventory of the assets of the estate as well as an executor’s affidavit to be prepared. A qualified Wills and Estates Lawyer may be able to assist you throughout the probate process, to ensure that you discharge your duties properly and are adequately safeguarded from any applicable liability.
There are various procedural issues to consider and comply with before a grant of probate is given. The form of any application and pleading is important to ensure that probate is achieved quickly and without complication. If might be necessary to produce further evidence if it is required by the Court, such as an affidavit of attesting witnesses or evidence about the will. A skilled Wills and Estates Lawyer could be immensely useful in handling your probate matters.
An application for probate involves multiple pleadings to be prepared, sworn and filed the Supreme Court. These have very specific requirements and any errors, uncertainties or omissions may result in the Supreme Court issuing a requisition that outlines why a grant of probate could not be provided. Proper legal advice in the practice area of Wills and Estates may be necessary to ensure that the pleadings are compliant with relevant laws and procedure.
There are various notice requirements and costs applicable in Probate applications. The fee applicable for applications for probate depends on the value of the estate. One notice requirement is a notice of intended application in which you must advertise. Proper legal advice from a Wills and Estates Lawyer may be greatly beneficial to provide you with sound legal advice to ensure that you are informed of all applicable costs and notice requirements to enable you to discharge your duties, and derive any income (if applicable) that is provided to you by the will.
We are required by Law to charge fixed fees, for all costs associated with an Application for a Grant of Probate. For a listing of these costs, refer to our “Fixed Fee Offers” section above.
You may book an appointment with us by telephone on (02) 9233 4048 or send an email to firstname.lastname@example.org. You may see us, by appointment, at our head office in Sydney CBD or at one of our branch offices located in the Sydney metropolitan area. For a complete listing please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a Wills matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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