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Probate

When a person dies, a number of legal steps need to be undertaken in order for the estate of the deceased to be finalised. Probate is the process of proving and registering in the Supreme Court of Western Australia the last Will of a deceased person. To obtain a grant of Probate, the executor named in the Will must make application to the Probate Office of the Supreme Court. If the application is approved, the executor is given a grant of probate, which authorises the executor to administer the estate of the deceased according to the terms of the will. This allows the executor to finalise the estate of the deceased and authorises them to perform functions such as arranging payment of debts due to the estate, paying creditors of the estate and disbursing the remaining assets of the deceased as stipulated in the Will.

LETTERS OF ADMINISTRATION

If a deceased person does not have a Will (i.e dies intestate), validation of their estate and benefactors is not done with a grant of probate, but with a similar document known as 'Letters of Administration', that will allow the estate to be distributed according to law. There are many court documents involved in obtaining a Grant of Probate or Letters of Administration, including motions, affidavits and in some cases consents.

D’Angelo Legal understands this is often a difficult time for you and your family, and with our experience and knowledge the team endeavours to streamline the necessary documentation and this process for you as quickly as possible.

Distribution of Estates

Apart from obtaining a Grant of Probate (or Letters of Administration), D’Angelo Legal is able to assist you in administering / distributing the assets of the deceased estate to ensure that such distribution is in accordance with the law or the will (as the case may be) and legally transferred.

Such assistance includes (for example):

  • Ascertaining and taking hold of assets;
  • Liaising with banks, financial institutions and insurers to ensure funds are released;
  • Preparing transfer of land documents;
  • Dealing with trustees;
  • Dealing with Superannuation Funds;
  • Handling share portfolios; and
  • Distributing assets to beneficiaries.

Should you require assistance with obtaining a Grant of Probate or Letters of Administration please do not hesitate to Contact Us.