Dealing with the passing of a loved one can be extremely challenging, especially if you are named executor of the estate. It is hard to handle estate matters while you are still mourning your loss. The complicated legal processes around wills and probate coupled with your grief can make settling the estate a confusing and frustrating experience.
Finding a probate expert in Hawthorn to guide you through the process and answer any questions you may have can make the experience much less of a headache. At a time where you should be grieving, you can rely on your probate expert in Hawthorn to handle the legalities.
At Le Brun & Associates, our experienced Probate Lawyers in Hawthorn can help you navigate the complicated legal processes and take some of the weight off your shoulders.
What is the role of the executor?
When someone passes away in Victoria, someone must manage the administration of the estate. If the deceased leaves behind a Will, it may name a person or people as the executor, who is responsible for carrying out their wishes.
If no executor is named in the Will, the court will appoint an administrator, who is usually the beneficiary with the largest potion of the estate. The administrator has the same responsibilities as the executor, which involves:
- Collecting all the deceased’s assets and conducting valuations
- Paying off all debts owed with the proceeds of assets
- Arranging the funeral
- Applying for a Grant of Probate
- Distributing the deceased’s estate according to the Will
- Arranging tax returns for the deceased
- Claiming life insurance
- Taking or defending legal action on behalf of the estate
Executors often need legal help to carry out these responsibilities. A Will and estate lawyer can guide the executor through the process and legal fees will come out of the estate.
What is a Grant of Probate?
A Grant of Probate is a court order which confirms the validity of the Will and allows the executor to distribute the estate. It is a type of Grant of Representation, which are legal documents issued by the Supreme Court of Victoria to allow executors or administrators to deal with the deceased’s estate.
The Grant of Representation is official proof that the individual named in the grant is entitled to distribute and collect the estate, such as money in banks or managed funds, property, and debts.
Grants of Representation include:
- Letters of Administration with the Will annexed: These are issued if there is a valid Will, but no executor to apply for a grant.
- Letters of Administration: These are issued if there is no Will, or if there is a Will but it is not valid.
- Probate: Probates are issued if the executors named in the Will prove that the last Will is valid.
- Limited Grants – Limited grants are issued in circumstances in an estate where it is not possible to obtain a full grant of representation. Limitations may include a specific power the grant permits and a time frame for which the grant is valid.
You can apply for a grant through completing the Supreme Court’s probate forms and submitting them to the Probate Office.
Do you need a Grant of Probate?
Applying for probate in Hawthorn isn’t always necessary. It all depends on the assets of the deceased, including the type of assets, their value, and how they were owned.
If the deceased’s assets are owned jointly with another individual, the assets may be able to be transferred to this individual without a Grant of Probate.
The need for a Grant of Probate in Hawthorn also depends on whether it is required by the companies or organisations which hold the deceased’s assets. This is usually determined by the monetary value of the assets.
If property is involved, a Grant of Probate is usually necessary to transfer ownership. Your probate expert in Hawthorn can help you determine if a Grant of Probate is needed for the estate.
What is the process for probate in Hawthorn?
Obtaining a Grant of Probate in Hawthorn can be a slow process. This is because there are a few steps that must be followed before applying for a Grant of Probate in Hawthorn.
Firstly, you must apply for a Death Certificate, which can take up to 6 weeks to be issued by Births & Deaths and Marriages. It can take longer than 6 weeks if a Coroner’s Report is needed.
Secondly, the assets and liabilities of the deceased must be determined. Once this occurs, an advertisement with the date of the Will must be created to inform the public of the intention to apply for a Grant of Probate. This gives notice in case anyone has concerns about the validity of the Will or has a more recent Will.
There must be a period of 14 clear days without any arising issues before an application is made for a Grant of Probate in Hawthorn. This is reviewed by the Probate Office and can take 1-2 weeks for the application to be granted.
Settling the estate, including paying out debts and distributing the assets, can then take up to 6-12 months.
It is recommended that you engage a probate expert in Hawthorn to guide you through this complicated process. Legal fees can be deducted from the deceased’s estate.
Find a probate expert in Hawthorn to guide you through estate matters
At Le Brun and Associates, our probate experts in Hawthorn are well versed in the legal processes of Wills and estates. We can guide you through applying for and obtaining probate in Hawthorn so that you can carry out the wishes of your loved one. Contact us today for a free 30-minute consultation.