If you are starting your own estate planning or were named executor for someone’s estate, you may be required to submit an application for a grant of probate. Probate is the court process that legally confirms the executor’s authority with a letter of probate. You can apply for it yourself or request a lawyer’s assistance.
Generally, the Supreme Court recommends that a nominated executor always seeks legal assistance from a lawyer when making an application for grant of probate.
At Mountains Lawyers, we help you understand the role of probate, whether you should seek it and why some nominated executors avoid it. We also help to determine which services are best for your situation so you can safely navigate the complex and challenging Probate Grant Application process.
You will receive our assistance to present the will to the Supreme Court for review so the court can determine the will’s validity for the will to become a legal document. It’s only after the will is probated that you as the executor has authority to administer the estate.
When to seek legal advice
The Supreme Court recommends that you seek legal assistance when you’re applying for grant of probate.
As the following examples of reasons for seeking probate show, the process can be very overwhelming and tricky:
- the deceased person did not leave a will
- the only copy of the will you could find is a photocopy
- there was no executor appointed, so you want to self-nominate
- you want proof of executor’s authority to show to third parties (such as financial institutions)
- you attempted but could not complete the probate application, due to its complexity
- you are applying for more than the grant of probate (for example, the nominated executor is unable or unwilling to participate
- the application is more complex due to other matters
Your lawyer will also assist in ensuring that the valid will is then properly executed and accurately reflects the wishes of the testator. You will be guided every step of the way so you can successfully carry out your duties as the executor.
You can rest assured that Mountains Lawyers will also be there to explain any legal notices or any claims any other party files against the estate, and they will also assist with the transfer of properties and other assets to beneficiaries.
Call Mountains Lawyers on 9592 7326 today to discuss your probate application and any other matter involving the steps to take when you have been informally nominated as the executor of a will.