Calix Lawyers Probate specialists
Calix Lawyers’ Probate specialists assist estate executors and beneficiaries through
- Obtaining Probate
- Contesting Wills
- Defending Contested Wills
- Contesting Validity of a Will
- Obtaining Letters of Administration
With Calix Lawyers, you have access to big firm capabilities with the small firm touch.
We provide premium end legal services at competitive pricing, meaning the delivery of our Probate services is done in a personal manner with concern given to the proceeds.
What is Probate?
Probate is the legal process through which a deceased person’s will is validated by a court, and their assets are distributed according to the terms of the will or the laws of intestacy if there’s no will.
It involves identifying and inventorying the deceased person’s assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries.
How do I Obtain Probate?
Probate is the legal process through which a deceased person’s will is validated by a court, and their assets are distributed according to the terms of the will or the laws of intestacy if there’s no will.
It involves identifying and inventorying the deceased person’s assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries.
Steps for Obtaining Probate
There are several general steps taken to obtain probate in Australia.
Application to the Supreme Court
You need to submit an application to the Supreme Court in the state or territory where the deceased person resided. This application typically includes the original will, a death certificate, and other required documents.
Publication of Notice
After filing the application, you must publish a notice of your intention to apply for probate in a newspaper circulating in the area where the deceased person lived.
Waiting Period
There is usually a waiting period to allow any interested parties to contest the will or raise objections.
Grant of Probate
If there are no objections and the court is satisfied with the application, it will grant probate, confirming the validity of the will and your authority to administer the estate.
Asset Inventory and Valuation
You’ll need to compile an inventory of the deceased person’s assets and have them valued.
Payment of Debts and Taxes
Use the assets from the estate to pay off any outstanding debts, including funeral expenses and taxes.
Distribution of Assets
After debts and taxes are settled, distribute the remaining assets to the beneficiaries according to the terms of the will.
Final Accounting and Closure
Provide an account of your administration of the estate to the court, and once approved, the estate can be formally closed.
It’s advisable to seek assistance from a probate lawyer familiar with the laws and procedures in your state or territory to ensure a smooth probate process.
Dying Intestate: What if there is no Will?
When someone passes away without a will, it’s known as dying intestate. In such cases, the distribution of their assets is governed by the laws of intestacy in the relevant jurisdiction. Generally, where there is no Will, the process is called obtaining Letters of Administration. In this circumstance, rather than having an Executor, the Estate has an Administrator.
Typically, assets are distributed to surviving relatives, such as spouses, children, parents, or siblings, based on a predetermined legal hierarchy. The process can vary depending on the specific laws of the state or country where the deceased person resided.
Intestate succession laws aim to fairly distribute assets among eligible heirs, but without a will, the process can be more complex and may lead to disputes among family members.
In this circumstance, Calix Lawyers’ probate team will assist with obtaining Letters of Administration while helping you to navigate the intestacy process smoothly.
I am the executor of the Will. What are my responsibilities?
As the executor of the Will, you are in control of the estate until the final distribution of assets has been made.
This means you have control over the payment of debts, maintenance, collection of assets and the distribution of assets. As an executor, you have a fiduciary duty to act in the best interests of the estate and its beneficiaries, following the wishes of the deceased as outlined in the will or as required by law.
Applying for Probate
If required, you’ll apply for probate from the relevant court to validate the will and obtain legal authority to administer the estate.
Locating and Securing Assets
You’ll identify and secure all assets of the deceased, including property, bank accounts, investments, and personal belongings.
Notifying Creditors and Beneficiaries
You must notify creditors of the deceased person’s passing and settle any outstanding debts using estate funds. Additionally, you’ll inform beneficiaries of their entitlements.
Managing Estate Finances
You’re responsible for managing the financial affairs of the estate, including paying ongoing bills, taxes, and any other expenses.
Distributing Assets
After debts and taxes are settled, you’ll distribute the remaining assets to beneficiaries according to the terms of the will or the laws of intestacy.
Keeping Records
Throughout the process, you’ll maintain accurate records of all financial transactions and communications related to estate administration.
Fulfilling Legal Obligations
You must comply with all legal requirements and deadlines associated with estate administration, including filing tax returns and accounting to the court as necessary.
If you have been made executor of the Will, we are able to assist with estate disputes and defending contested wills, along with helping with the process of obtaining probate, through to distribution of assets and fulfilling all legal requirements associated with estate administration.
With our extensive professional network, we are also able to provide access to accountants and financial advisors should you require additional professional assistance with respect to administering the Estate.
Obtaining Probate with Calix Lawyers
Our Probate Specialists are here to play a supportive and crucial role in obtaining probate by guiding you through the complex legal process involved in administering an estate.
Our services include:
- Preparing and filing the necessary probate documents
- Ensuring compliance with relevant laws and regulations
- Representing you in court proceedings
Our aim is to streamline the probate process and minimise the risk of errors or delays. Providing invaluable expertise and guidance from decade’s worth of experience with contesting wills, complex assets or disputes among beneficiaries, we are able to help you navigate the probate process efficiently, protecting the interests of the Estate and its beneficiaries, and most importantly, grant you piece of mind during a challenging time.