In many cases, it is necessary for an Executor to apply for a Grant of Probate to give the Executor the authority to administer an Estate. The Grant of Probate is the document issued by the Supreme Court of South Australia which legally authorises the Executor to deal in all matters related to the Estate, and administer the Estate to the beneficiaries.
Most Executors of Estates enlist the assistance of a law firm to assist them through the very complex Probate process. There are a number of matters to be taken into consideration, including legal and taxation aspects, family disputes over assets and claims to the Estate made by potential beneficiaries who have been left out of a Will.
Whether an Estate is modest or significant, it is important to the person making their Will, and those he or she leaves behind. The complicated steps involved in applying for Probate can be made easier by utilising prudent legal advice to assist you to navigate through the process.
Once a Grant of Probate is made, we can assist with the administration of the Estate to your beneficiaries.
If there is no valid Will in existence, or there is a Will but it is not found to be valid, then Letters of Administration can be granted by the Supreme Court. This is really the same process as applying for Probate, but there are some small variations in the process.
Once Letters of Administration are granted, the Administrator (like an Executor) can distribute the Estate of the deceased person.
There are strict rules about how an Executor or Administrator can deal with the Estate of a deceased person, and an Executor or Administrator can be sued by the beneficiaries if those rules are broken.
We can help you through this process and assist with the steps that need to be taken in order to properly administer an Estate.