Probate and Letters of Administration

What happens if your loved one passes without a will or without appointing an executor in the will? Or if you’re the executor of the will but don’t know what to do next? At MV Law, our experienced probate lawyers can help you and your family navigate the complicated process of dealing with a deceased estate.

If your loved one has a will and had assets such as real estate or large sums of money when they passed away, you will need a grant of probate. This is a legal document which authorises the executor of the will to manage the estate and make distributions according to the will. This grant of probate can be presented to institutions such as banks and retirement villages, in order for them to transfer the assets to the executor for distribution.

If the deceased person made a will but the people named as executors in the will have died or are unable or unwilling to act, then you may need to make an application for a grant of Letters of Administration with the will annexed.

If the deceased person did not leave a will, or did not leave a valid will, then you may need to make an application for a grant of Letters of Administration with no will.

Some estates will require the grant to be ‘resealed’ in another jurisdiction. For example, if the deceased owned property in the ACT and also in NSW then a grant would need to be obtained in one jurisdiction and then resealed in the other jurisdiction.

We have the expertise and understanding to assist you in all these matters, to get the process sorted as simply and as efficiently as possible. We can help you obtain a grant and, once a grant is obtained, we can assist you with administering the estate and provide you with advice about any issues you may encounter along the way.

The MV difference

Our expert probate lawyers provide comprehensive deceased estate services, from obtaining Grants of Probate, Letters of Administration or reseals of grants from any Australian State or Territory, as well as providing guidance and support throughout the whole process.

Obtaining probate can sometimes be a daunting or lengthy process, depending on factors such as the complexity of assets and any need to obtain valuations. Somewhat confusingly, every institution has different requirements or thresholds as to when they’ll require a Grant of Probate and when they won’t.

By using our experienced probate lawyers, it can expedite the process and save you a lot of hassle. Our team knows this area of law inside and out, and we’re committed to making the process easy for you.

You don’t need to try and navigate the probate process alone. Instead of having to do all the research yourself to try and understand what steps you have to take and the formalities that need to be completed, you’ll have peace of mind that you are getting it done right with the help of our specialist probate lawyers.

You’ll also be able to give assurance to beneficiaries that everything is above board and properly documented. And remember, an executor or administrator’s legal fees can be paid out of the estate.

If you want to be empowered over the legacy you leave, talk to the MVLaw Wills and Estates team now.

Probate and Letters of Administration contact image