Probate Applications

The death of a loved one is a sad and stressful time. If you have been named as the executor of a Will of a deceased person, contact this office today and let us help you navigate the sometimes complicated world of Probate applications and estate administration.

Depending on the circumstances of the deceased person, the administration of their estate can be a fairly quick and inexpensive process. In some cases, there will be no need to apply to the Court for Probate and the estate assets can be collected and distributed without much hassle.

If the deceased person owned substantial assets (such as real estate or large bank deposits), then an application for Probate will need to be made. 

Applications for Probate

A Probate application involves providing the Court with the deceased’s original will and relevant information regarding the estate. The Court then considers the application, ensures that the Will has been properly executed and then makes a “Grant of Probate.” That Grant then enables the executor of the estate to collect the assets of the estate, sell them if necessary and arrange a distribution to the beneficiaries named in the Will.

Carrying out dozens of Probate applications each year, the solicitors at Lane & O’Rourke have the process down to a fine art. We can ensure that your matter will be handled efficiently, expertly and with as little stress to you as possible.

There are matters which can complicate obtaining Probate of a deceased person’s Will – such as:

• If the original Will has been lost;
• If the executor named in the Will has died; or
• If beneficiaries named in the Will cannot be found –to name a few.

When someone dies without a Will – Intestate Estates

Dying without leaving a valid Will (known as dying “intestate”) can create additional stress for the deceased’s family. From a practical perspective, there is no guidance from the deceased about their wishes for the distribution of property. Accordingly, intestate estates are distributed according to the rules of intestacy found in legislation. This is a specific formula designed to reflect the “usual” expectations within a family. 

If a person dies intestate, a family member may need to apply to the Supreme Court for Letters of Administration. Once granted, that person has permission to administer the estate. Administering an intestate estate and dealing with the complex laws of intestacy can be challenging for family members, but we can help you through the legal process.

Having worked on hundreds of estate matters, our solicitors have seen it all. They have gained the resources and expertise to assist you in even the most complex Probate applications. Don’t hesitate to contact our office today and let us assist you during this difficult time.