An executor or administrator’s role is primarily to administer the deceased’s estate. The exact requirements can vary, however an executor usually:
- makes funeral arrangements;
- obtains a Grant of Probate or Letters of Administration (if required);
- notifies banks and other relevant businesses;
- takes control of assets – collects in the assets and distributes same;
- liaises with accountants or tax lawyers to attend to the tax returns for the deceased and the deceased estate or real estate agents or share brokers for the sale of assets;
- manages estate disputes;
- pays debts of the estate;
- preparing a distribution statement (or accounting to the beneficiaries); and
- distributes assets to the beneficiaries.
Our team are here to support you with all aspects of deceased estate administration. From liaising with third parties, assisting with tax advice, dealing with claims against the Estate, all the way through to simpler items, we are here to help.
Our usual approach is to:
- provide you with a clear and transparent fee quote;
- discuss your requirements; and
- tailor a solution with your specific circumstances in mind.
A Guide to the Probate Lawyer Process in a Nutshell
Losing a loved one is hard enough without the additional stress that comes with acquiring a grant of probate. You can experience many roadblocks during the process. Our probate lawyers in Melbourne can help you navigate the challenges for a successful outcome.
If you’re an executor or legally appointed administrator of an estate, the task of applying for the probate can be daunting. Firstly, you will need to claim the death certificate and collect information about the deceased’s properties, assets, and debts. This usually involves a lengthy process of searching their bank accounts, pensions, insurance policies, and tax records. Read More
Our probate solicitors specialise in reducing the burden on you as the executor. We can support you with:
- Reviewing documentation relating to the will & estate.
- Contacting creditors and institutions to put a value on the estate.
- Locating any unidentified assets.
- Applying for the grant of probate from the Supreme Court.
- Settling any debts or tax liabilities and paying them off from the estate.
- Setting up trusts if instructed to do so by the testator.
- Distributing assets to the beneficiaries.
- Setting up mediations for dispute claims.
- Preparing account documentation for the beneficiaries of the estate.
Hiring a Probate Attorney Lawyer vs. Doing It Yourself
Until you’re confronted with a stack of legal forms and regulatory procedures, you might think about going through the probate application and distribution process alone. After all, you were the executor chosen by your loved one, so it’s only right that you, and only you, should shoulder the responsibility you’ve been given. That doesn’t need to be the case. You’ll still be able to fulfil the duties of the position you’ve been granted if you hire one of our probate lawyers. You’ll be calling shots, and we’ll follow your instructions. We will offer advice and solutions and will keep you in the loop throughout the entire process. Three other reasons to consider hiring our specialists in probate law include:
- Faster access to assets: Your role is to ensure that delays in accessing assets allocated to the beneficiaries of the will are kept to a minimum. Our legal assistance can help you achieve this.
- To ensure that you don’t miss anything out in the process: If this is the first time you’ve been a legal executor, it can be easy to overlook an important step in the probate application process, which could lead to missed deadlines, errors, and personal liability. Having legal support can be a preventative buffer that can minimise any worries, family conflicts, and estate disputes down the line.
- Avoiding the need to cover costs personally: If you fail to administer the estate correctly, you could find yourself having to use your own funds to cover the costs of lawyers if you become liable and need representation. Our probate attorney lawyers can help to ensure that this doesn’t happen in the first place.
If you are looking for the right legal team in Melbourne to help you guide and support you throughout this process, look no further. Our team at Velocity Legal is ready to help. Book in a call with us now. Read Less
