PROBATE & ESTATE ADMINISTRATION

Baldock Stacy & Niven Solicitors, Orange NSW

PROBATE & ESTATE ADMINISTRATION

Baldock Stacy & Niven Solicitors (BS&N) in Orange provide clear advice and professional assistance in relation to all probate and estate administration matters.

If you have been named the executor or administrator of an estate, the Estate Planning team at BS&N can guide you every step of the way and help resolve any issues that may occur during the process.

YOUR ROLE AS EXECUTOR OF AN ESTATE

When you have been named as executor in someone’s Will, the deceased has entrusted you to manage their estate. There can be more than one executor for an estate.

An executor’s duty is to take charge of the deceased’s assets and property. They are responsible for ensuring the funeral and administration expenses along with any debts and taxes are paid. Executors also distribute the assets to the beneficiaries in accordance with the Will.

Probate-&-Estate-Administration

WHAT IS PROBATE?

A Grant of Probate is an order of the Supreme Court saying that the Will is valid, and that the executor has the right to administer the estate. Most assets cannot be transferred to the beneficiaries without a Grant of Probate.

BS&N can assist you in applying for a Grant of Probate by administering the requirements in the process. This includes advertising the application in a prescribed form in a local newspaper.

BS&N will also lodge a formal application with the Court including an affidavit containing the required details of the Will, details about the deceased, death certificate, details of the assets and liabilities of the deceased, and the details of the beneficiaries.

Once probate has been granted, the executor collects the deceased’s assets, pays the funeral and administration expenses and any debts which the deceased owed. BS&N can do this on your behalf.

The Supreme Court regulates the costs of the legal work required for a grant of Probate by the court. Costs are on a sliding scale and are based on the value of the estate.

The remainder of the estate can be distributed to the beneficiaries only when all assets have been identified, all debts have been paid, and the executor has published a second notice requiring anybody with a claim against the estate to provide particulars.

A Grant of Probate usually takes about 12 weeks and distribution of the estate normally is completed within 4 to 6 months. The Estate Planning team at BS&N can inform you in detail about your responsibilities and assist you to complete your duties as an executor.

WHAT IF THERE IS NO WILL?

If there is no Will, there will be no executor. However, if you are a relative entitled to the whole or part of the estate of the deceased, BS&N can apply to the Supreme Court for Letters of Administration on your behalf.

Once granted, these make you a personal representative of the deceased and you can then proceed in much the same way as an executor.

The legal team you want on your side.

LOCATION & CONTACTS

Mon – Fri: 9:00am – 5:30pm

Phone: 02 6362 2022

Address: 64 McNamara Street
(PO Box 1070)
Orange NSW 2800