Probate Lawyers

Probate Time Limits Vary by Jurisdiction and Issue

There is no single Australian 12-month deadline for obtaining probate. The applicable rules can depend on the state or territory, the location and ownership of estate assets, the grant sought and whether the issue is a grant application, a will-validity dispute, a family provision claim or estate distribution.

Identify the relevant court and legal issue before relying on a time period. A deadline for contesting an estate is not automatically the deadline for seeking a grant, and a delayed application may require an explanation in some jurisdictions rather than being permanently barred.
Current directions should be checked with the relevant Supreme Court or a lawyer who practises in that jurisdiction.

PK Simpson lawyers carefully guide you through the necessary details for a successful Probate, allowing you and other relevant executors to officially distribute the deceased person’s estate according to their will.

Probate refers to the process of validating the will upon the death of the deceased person and enabling the executor(s) to distribute the estate as outlined in the will. There is a common misunderstanding that wills are immediately valid after the passing of the deceased, however wills need to be passed through a court (differs by State) to be able to be approved by law and officiated.

Which Australian Court and Grant Apply?

Probate procedure is administered by the states and territories rather than one national probate registry. The appropriate court and application usually depend on where the deceased left assets, while estates with assets in more than one jurisdiction may require a further grant, a reseal or local advice.

A grant is not required for every estate. The need can depend on the type, value and ownership of the assets and on what each bank, land registry, insurer, share registry or other asset holder requires before it will deal with the executor.

For example, the Supreme Court of Victoria, Queensland Courts and the Supreme Court of NSW each publish their own guidance. Use the current source for the relevant jurisdiction rather than transferring one state’s forms or timeframes to another.

Grant of Probate or Letters of Administration?

A Grant of Probate is generally sought when the deceased left a valid will and the named executor is able and willing to act. If there is no valid will, the usual pathway is letters of administration; if a will exists but no named executor can act, the relevant court may issue administration with the will annexed.

A grant made in one jurisdiction may sometimes be resealed where the estate includes assets elsewhere, but availability and supporting evidence differ. The grant type affects who may apply and which documents are needed. Distribution follows a valid will or, on intestacy, the relevant rules.

PK Simpson Probate lawyers apply on the behalf of executors for court proceedings and can represent the executor throughout the Probate process. For any disputes between beneficiaries that arise, our Probate Lawyers have the experience to quickly resolve conflicts of interest and deliver an outcome that best fits for all parties.

How Probate Lawyers Can Help

Probate lawyers can first assess whether a grant is needed, which court has jurisdiction and who is entitled to apply. They may then prepare notices, affidavits and court forms, check the asset and liability information, lodge the application and respond if the registry requests clarification or further evidence.

The agreed work may stop when the grant is issued or extend to collecting assets, dealing with creditors and tax advisers, maintaining estate accounts, communicating with beneficiaries and completing distribution. Ask the probate lawyer to define the scope, exclusions and likely external expenses before work begins.

Separate representation may be required if executors disagree, the will’s validity is challenged, a beneficiary seeks further provision or the lawyer identifies a conflict of interest. No lawyer can guarantee a grant or outcome.

Probate Lawyer Duties

Our probate lawyers help executors value the deceased’s property and other assets, work out the income tax obligations of the deceased and the estate, and identify the lawful debts and administration expenses that must be paid. Once the court issues the grant, the executor can collect the assets, settle those debts and then distribute the estate as the will directs.

Probate Application Process: What to Prepare

A probate application process commonly begins with locating the original will and any codicils, obtaining the official death certificate and confirming the identity and willingness of each proposed applicant. Preserve the original documents and disclose any missing, damaged, altered or informal will rather than assuming a copy will be accepted.

Prepare an organised list of assets and liabilities, including ownership details, account or policy information, values at the relevant date and any assets in another state or country. Also record beneficiaries, potential creditors, previous wills, changes in the deceased’s relationships and any known dispute or competing application.

The lawyer can then match that information to the correct forms, notice or advertising requirements, affidavits and filing method for the jurisdiction. After filing, the registry may issue a requisition asking for an explanation, correction or more evidence, which must be addressed before the grant can issue.

Executor’s Probate Duties After the Grant

An executor’s duties continue after the court issues the grant. They commonly include securing and collecting estate assets, keeping them separate, maintaining accurate accounts, paying lawful debts and administration expenses, and distributing the balance to the correct beneficiaries under the will and applicable law.

The executor should consider creditor notices, claim periods, taxation, superannuation and insurance treatment before distributing. These issues do not follow one national timetable, and early distribution can expose an executor to risk where a debt or claim has not been addressed.

Australia has no inheritance tax, but that does not mean an estate has no tax work. The Australian Taxation Office explains that a final individual return or deceased-estate trust return may be required depending on income and circumstances, so appropriate tax advice may be needed.

Working with highly experienced Probate lawyers ensures all beneficiaries receive their appropriate estate distributions that are in line with the law. By not getting the right Probate Lawyers to assist with your will matters, you’ll be facing a failed Probate whereby the will is not considered valid. In such an unsuccessful case, this will prevent the executors from acting in accordance with what is outlined in the will, and therefore will not be able to legally distribute the deceased person’s estate. Because we’re experts in wills and estates, we help people defend a will when someone else is attacking a will based on legal principles and we also help people contest a will, based on the same legal principles.

PK Simpson are among the best, leading experts in the industry. With a dedicated Probate lawyer on your side, you’ll receive excellent advice and acquire an in-depth understanding of the Probate process. This ensures you receive the best outcome in gaining validity of the will and allowing for the legal distribution of the estate to relevant beneficiaries. Get in touch with our Probate Lawyers at PK Simpson today.