Probate

Are you the executor of a will?

We can:

  • Attend to investigations for discovering all assets held by the deceased
  • Attend to establishing the value of the assets as at the date of death
  • Preparation of documents to obtain Probate
  • Obtaining Grant of Probate
  • Distribution and/or sale of assets as appropriate.

Your only job will be to sign documents where necessary after we have explained them to you.

Do you need to make a claim? Learn more about making a claim on an estate.

Probate: Frequently asked Questions

What is Probate?

Probate is a certificate from the Supreme Court which officially recognises the executor named in the Will.

What is the role of the Executor?

Discovers details of assets and liabilities. Applies to the Supreme Court Probate Office for a certificate of Probate. Arranges for asset holders to relinquish assets and pays debts and taxes. Distributes the estate to the beneficiaries named in the Will.

Does the Executor need to apply for Probate?

This usually depends on how the assets are held. Real estate, for instance, is usually held in joint names, in which case probate is not required. If the deceased held real estate as a sole proprietor or as a “tenant in common” then Probate is required for transfer. Other assets besides real estate follow similar rules. Some financial institutions demand probate before relinquishing assets.

Do I need to go through a solicitor?

Though it is not mandatory for an executor to obtain probate through a solicitor, it is usually the least painful method. The probate office requires up to a dozen different documents and many protocols to be adhered to. A solicitor will be able to navigate this complicated system with ease and ensure compliance with legal requirements are met.

How much are solicitor’s fees to obtain probate?

Fee’s vary widely amongst solicitors. They usually range between $4,500 to $7,000 plus disbursements . Disbursements such as advertising, application and lodging fees are usually less than $500. Your investigations will show Prompt Legal Services to be the most competitive on the market.

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