Losing a loved one is a difficult time, but as anyone who has been through the pain will tell you, there is not always time to stop and mourn. From executing the will to consoling other family members, immediate relatives have a lot to do.
One of the most important actions is beginning the legal processes to obtain probate from the courts. Luckily, there are probate lawyers who can help you.
What is probate?
When a person dies, their will should have within it a nomination for the role of executor. If the will is valid, the duty of the executor is to call in the assets, pay debts and other liabilities as well as distribute the estate among the named beneficiaries.
However, before this can be accomplished, the executor must gain the authority to do so. To accomplish this, the executor must apply for the grant of probate from the Supreme Court of NSW.
Probate is not only evidence that the executor is entitled to handle assets, it also transfers assets from the NSW trustee to the executor.
Why do I need a probate lawyer?
Obtaining probate is no easy feat. It can be a complex task depending on the circumstances of the deceased's estate before they passed away. What happens if the will cannot be found, or only a copy exists? Did the deceased leave assets in another state? Questions like these can become an obstacle to a quick, and easy completion of probate.
Furthermore, the actual process itself can be hard to follow for those who are not intimately experienced with probate law. For instance, if something is amiss on the application, the executor may receive requisitions from the Supreme Court of NSW.
While the process is complex enough, if you take into account the often extreme emotional states many people in following the death of a loved one, it can become even harder.
Who should I turn too?
While there are a number of options available, your best option is a law firm that is not only specialised in probate law, but has the resources to address any issue that may arise. At Gerard Malouf and Partners Will dispute lawyers, we have all the expertise, knowledge and experience under one roof.