Do you need help with a deceased estate?
If you have been appointed executor of a will you will need to establish whether or not the will is valid, this is called probate.
Get in touch with us if you have any questions.
What Does Probate Mean?
Probate is a certificate granted by the Supreme Court of South Australia to the effect that the Will of a deceased person has been proved and registered in the Court.
Probate allows the executor to wind up the deceased’s estate and distribute the assets.
How Do You Apply For Probate?
It is the executor that applies to the court for a grant of probate.
The application needs to be completed correctly and in full, and presented to the court with all accompanying documentation.
The application is quite complex and a large number of rules and formalities must be followed.
Need Help?
Call The Pace Adelaide Legal Probate Team.
Do I need a lawyer to help me with the probate application?
Whilst it is not a legal requirement, it is recommended that you engage a lawyer to assist you with the probate application process as it is technical in many aspects and professional help can streamline the process.
Why Should I Choose Pace Adelaide Legal to handle My Probate Application?
Our Pace Adelaide Legal team is very experienced in handling deceased Estates and probate applications.
We will take the pressure off of you at this difficult time and ensure a smooth trouble free application process.
We are skilled lawyers who take pride in our work and importantly enjoy the relationships we create and foster with our clients. You see, the Law works best when applied against a background of mutual trust and confidence.
Is Probate Necessary?
If the assets were jointly owned or had another person’s name as an owner as well, probate is usually not required, as the assets will be transferred to the 2nd owner by survivorship.
However if the assets were owned solely by the deceased and they have left a will, then probate is required.
Contact Our Probate Team Today.
Enjoy mutual trust & the confidence that your interests will be paramount.
How Long Does Probate Take?
The length of time required to be granted probate depends on the complexity of the will and whether or not the information required is readily available.
Every will is different.
The time taken to be granted probate will be significantly less if you have the help of a good lawyer.
How much does Probate Cost?
The cost of probate depends on the complexity of the will.
Call for a free 30 minute consultation.
Or contact us via email.
Or through our live chat service.
During this conversation we can get an idea for the amount of work involved and then provide you with an estimate of the cost.
FAQs
Probate is a certificate granted by the Supreme Court of South Australia confirming that a deceased person’s will has been proved and registered. It authorises the executor to collect the estate assets, pay liabilities and distribute the estate according to the terms of the will.
The executor named in the will applies to the Supreme Court for a grant of probate. The application must be completed accurately, lodged with the required supporting documents and comply with the court’s rules and formalities, which is why many executors seek help from a probate lawyer.
You are not legally required to use a lawyer, however the probate process is technical and document heavy. Engaging an experienced probate lawyer can streamline the process, reduce the risk of errors or requisitions from the court and ease the pressure during a difficult time.
Pace Adelaide Legal has a dedicated team experienced in deceased estates and probate applications. They focus on taking the pressure off executors, ensuring the application is prepared correctly and fostering relationships based on mutual trust and confidence while the estate is administered.
Probate is often not required where assets were jointly owned because they usually pass to the surviving owner by survivorship. Where significant assets are held solely in the deceased’s name, financial institutions or the Land Titles Office typically require a grant of probate before they will transfer those assets.
The time required to obtain probate depends on the complexity of the will, the size and type of assets involved and how quickly the necessary information can be gathered. Straightforward estates can be granted relatively quickly, and using a probate lawyer can help avoid delays caused by incomplete or incorrect documents.
The cost of probate varies with the complexity of the estate and the amount of work involved. Pace Adelaide Legal offers a free 30 minute consultation to discuss your situation, explain the likely steps and provide an estimate of legal fees and court costs before you decide how to proceed.
Jessica Sinclair
Chief Counsel/Family Dispute Resolution Practitioner