Probate Lawyer Osborne Park
Probate Lawyer Osborne Park
Dealing with a Deceased Estate
What is a Probate Lawyer and How can they help Osborne Park Residents?
If a loved one passes away, there are certain steps that may be required in order to take care of their finances. In some cases, obtaining a grant of probate is one of those steps.
Probate is a legal process that is sometimes required to validate a deceased person’s will in order for their wishes to be carried out by an executor named in the will.
Ensuring the debts are paid and the remaining assets are correctly distributed is the responsibility of the executor.
The role of an executor can become difficult if you as a family member are assigned the role and will need to deal with the beneficiary’s of the Will.
We have found you can avoid significant family conflict by outsourcing the execution of the will and distribution of assets to a professional law firm who can handle all aspects including granting of Probate.
Who can apply for a Probate?
The executor or executors appointed by the Will can apply for Probate. A Will is able to appoint more than one person as the executor as long as they are over the age of 18.
The maximum number of executors that can apply for a grant of Probate is four.
If awarded, a ‘grant of Probate’ is the Court’s official recognition of the validity of the Will.
It empowers the executors to whom Probate has been granted to deal with the assets of the deceased person, and administer their estate in accordance with the terms of the Will.
When is Probate Necessary for Osborne Park Residents?
The main reason why Probate is needed is that some entities that hold the deceased’s assets or maintain registers that record title to such assets, will not release these assets or record a transfer to the executor for distribution to the beneficiaries unless they have obtained a certified copy of the grant of probate from the Supreme Court.
These can include but are not limited to financiers, super funds, insurance companies, the local council and utility companies and the like. Retirement villages will almost always require a Grant of Probate to release the deceased’s exit entitlement.
Probate is usually required where the deceased person died leaving particular kinds of assets requiring a grant of Probate to transmit them.
For example, if a person dies being the sole owner of land, then a grant of Probate is required in order to either sell the land or transfer it in accordance with the terms of the Will.
Similarly, banks will often require a grant of Probate in order to release the funds held in a deceased person’s account to the executors, if the balance of the account exceeds $25,000.
We can help you to quickly identify whether you need to spend the time and cost to get a Grant of Probate, or whether the estate can be administered without needing one.
Fill in the form on this page to book an appointment to assess your situation.
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Dealing with a deceased Estate and the division of wealth amongst the beneficiary’s can be very overwhelming even if the will has clear and concise break-downs of who gets what.
Often you may not even be able to access money if you don’t have a grant of probate. If this process if getting too much for you to handle on your own contact us to talk about how we can help you.
Clairs Keeley Lawyers are specialist Perth Probate Lawyers and members of the Law Society. We help Families from Yangebup to Osborne Park to Perth and all across WA. We also provide Osborne Park Wills and Estate Planning Services.
Please phone on (08) 9228 0811 or email us (Fill in the form on this page) to get quality advice.