Probate Lawyer Central Coast
What is Probate?
Probate is the legal process of validating a deceased person’s will as their final testament. If a person dies without a valid will, their estate is distributed according to intestacy laws.
At Spencer Lawyers on the Central Coast, we provide guidance and support to help you navigate this often complex and emotional process, ensuring your loved one's wishes are respected.
Contact us today to discuss your probate matter and arrange a consultation.
Step-by-step Legal Assistance
Our team helps you manage your legal obligations by providing structured and practical services.
Comprehensive Legal Support
We provide support across criminal law, family law, and estate-related processes with a structured approach.
Tailored Legal Services
Our services are adjusted to meet the unique requirements of your legal situation on the Central Coast.
What is a Deceased Estate?
A deceased estate includes the property and assets left behind by someone who has passed away.
These are generally held in trust until they are distributed to the nominated beneficiaries in accordance with the will or intestacy rules.
What is a Grant of Probate?
A grant of probate is a legal document authorising executors to manage a deceased person’s estate according to their will.
This includes collecting assets, settling debts, and distributing remaining assets to beneficiaries.
Probate Process in NSW
- Without a Will: If no valid will exists, the estate is distributed under intestacy laws as per the Succession Act 1981. A Letter of Administration must be obtained from the Supreme Court of NSW.
- Executor Duties: Executors collect assets, pay debts, and distribute the estate. They may require a grant of probate to access funds or transfer property.
In cases where no assets exist, a grant of probate will not be issued.
Why You Might Need Probate
- Joint Tenants vs Tenants in Common: Jointly owned assets automatically pass to the surviving tenant without the need for probate. However, individual circumstances, such as asset type and value, may require a grant.
- Timeframe: Probate applications must be made within six months of death. Late applications require an affidavit explaining the delay, as governed by Supreme Court Rules 1970.
Application Process
- Eligibility: Confirm your role and rights as an executor or administrator.
- Notice of Intent: Advertise your intention to apply for probate.
- Original Will: Ensure you have the original will, properly signed and witnessed. If only a copy exists, a limited grant of probate may be possible.
Need assistance? Contact Spencer Lawyers to guide you through the application process.
Get in touch with us today to discuss your estate planning needs.
Additional Considerations
- Enduring Power of Attorney: Manage the financial and legal affairs of incapacitated individuals.
- Enduring Guardianship: Make lifestyle and healthcare decisions when someone is unable to do so.
- Testamentary Trusts:
Ensure ongoing financial support for beneficiaries with a trust established through a will.
Contact Us
This information serves as a general guide. For personalised advice tailored to your circumstances, please contact Spencer Lawyers.
Let us help you navigate the probate process with professionalism and care.
Frequently Asked Questions
How long does probate take in Australia?
It varies by state but can take anywhere from a few weeks to several months, depending on the complexity of the estate.
Do all wills have to go through probate?
No. Small estates or those with jointly owned assets may not require probate.
What happens if someone contests a will?
The court will decide if the claim is valid and may redistribute assets accordingly.
What does a probate lawyer do?
A probate lawyer is a legal professional who assists with managing the estate of a deceased person. Their role typically involves guiding executors through the probate process, confirming that the will is valid, debts are paid, and the assets are distributed according to the deceased’s wishes. They also assist in navigating legal complexities, including disputes over the will or the estate, and representing clients in court if necessary. A probate lawyer handles the proper administration of the estate and compliance with all legal requirements.
Can you do probate without a lawyer?
It is possible to handle probate without a lawyer, but it can be a complex and time-consuming process. The executor of the will is responsible for managing the estate, including gathering assets, paying debts, and distributing the estate. If there are no disputes or complications, probate can be managed by the executor without legal assistance. However, if the estate is complicated, there are disputes between beneficiaries, or legal challenges to the will arise, hiring a probate lawyer is recommended to handle the process correctly and efficiently.
