Contact us now
CLIENT CARE BEYOND COMPARE

Have you been appointed as executor?

Not sure what to do next?

Our probate and estate administration staff can help guide you through the process.

Please call us today and we can have a chat with you about what's required.

We help clients around Australia as they navigate their way through their state's or territory's administrative requirements.

Call us on the above phone number or email us on info@irongrouplawyers.com

 

Peter M. Cain Reg. No. E0023035 Irongroup Lawyers

PROBATE

FIRST THINGS FIRST...

A Grant of Probate is a document issued by the Supreme Court in the state or territory in which the deceased resided.

The application for a Grant of Probate differs for each state and territory. It includes an affidavit sworn by the executor, submission of various documents, usually requires an inventory of assets and liabilities and always requires a final search of the register on the day of filing.

Once probate is granted, the executor then has the approval of the court to act as trustee of the deceased estate and to carry out the required duties in accordance with the Will.

Irongroup Lawyers can help manage this process on your behalf with any associated fees covered by the estate.

For more information download a copy of our Insight on Probate & Estate Administration.

The Willmaker has trusted you to take on this role...
We can take care of the legal & administrative requirements for you but your role is still critical.
In the first phase you will need to gather together the relevant information to help us compile the inventory of assets and liabilities for the probate application.
Once the estate is under administration, we will help ensure the fiduciary responsibilities of the executor are fulfilled. It is important that the Willmaker's wishes are carried out while meeting trustee requirements under Trust Law.

 

ESTATE ADMINISTRATION

THIS COMES NEXT...

 

Once the Grant of Probate is obtained

- Relevant authorities must be notified of the death and advised of the details of the executor.

- All liabilities must be identified. This includes any capital gains tax liabilities on assets.

- A tax file number must be obtained. The deceased estate becomes a taxpayer while under estate administration.

- The executor must be noted either on title or on the relevant registers as having an interest in any assets to be sold.
- To sell property, title searches, appropriate certification and Contracts of Sale are required.

- To transfer property to beneficiaries, title transfers are organised with the relevant Land Titles Office in each state or territory
- If a business is to be sold this will often involve an ‘expressions of interest’ document, liaison with potential buyers, a Contract of Sale and management of the transfer and settlement process.
- Other estate administrative requirements include signing by the beneficiaries of the Deeds of Release and preparing the Statement of Trust.

Don't be concerned - we can help you with these administrative requirements...
Probate
- We can organise the Grant of Probate application in the relevant state or territory
Estate Administration
- We can deal with the relevant authorities and manage the associated regulatory requirements

 

To find out more about how we can help you in your role as executor download a copy of our Insight on Probate & Estate Administration or call us today on 1300 390 533. We would be pleased to help.