Probate and Letters of Administration

When a person passes, someone needs to be appointed to deal with their Estate. This person is usually appointed by way of a will, after which the appointed person (the Executor) applies to the Court for what is called a grant of Probate. If the deceased person died without a will (which is what is referred to as “intestacy”) an application can be made to the Supreme Court or Letters of Administration. If the deceased person died leaving an informal will (a will that does not meet the formal requirements o the Wills Act) an application can be made to the Supreme Court for Letters of Administration (with the Will annexed).

Once a grant of Probate or Letters of Administration is made, the Executor(s) or Administrator(s) will have the power to deal with the Deceased’s Estate.

Croftbridge can assist with simple and complex applications for Grants of Probate or Letters of Administration.

Broadly speaking, this involves:

  • Advising you on the validity and terms of any Will
  • Advising you on your rights and obligations as Executor
  • Advising you on your right to apply for a grant of Letters of Administration
  • Making inquiries with regards to the value of the Estate
  • Advising you on payment of superannuation death benefits
  • Compiling a statement of assets and liabilities to accompany your application
  • Corresponding with other beneficiaries or interested parties
  • Drafting your affidavit in support of your application
  • Filing your application with the Supreme Court
  • Ensuring you are comfortable with next steps after a grant is made
  • Directing you to our close network of Deceased Estate Administration lawyers should you require further legal assistance administering the Estate