Probate and Letters of Administration
We know that dealing with the affairs of a loved one after their death can be an overwhelming, stressful and upsetting process. We're here to help.
KD & Co Lawyers are experiencing in acting on behalf of executors, administrators, family members and third parties in all areas including probate, administering estates, estate disputes and deeds of family arrangement.
If you need help with a deceased estate, contact us now for an obligation free appointment.
What is probate and is it necessary?
Probate is a document provided by the Supreme Court of South Australia which confirms the Will has been "proved".
Probate is required for various authorities and institutions by executors in order to deal with an estate. For example if property is to be sold or significant funds are to be removed from a bank account.
An application for probate is not always necessary however. Assets held by the deceased on trust or jointly with another person will not form part of the deceased’s estate. If there a minimal assets of value Probate may also not be required.
It is always best to obtain legal advice about your loved ones estate to make sure you are aware if Probate is required or not.
What happens if there is no Will?
When a person dies without a Will, they are said to die "intestate. In these circumstances, the provisions of the Administration and Probate Act determine who can administer the estate and the distribution of the estate.
The process is to apply to the Supreme Court of South Australia for "Letters of Administration". Following the Supreme Courts satisfaction of the Application and the provision of the Letters of Administration, the estate can be distributed in accordance with the Administration and Probate Act.
Where a person dies with a Will which does not effectively appoint an executor, we are able to prepare applications for "Letters of Administration with the Will annexed".