Wills & Estates (Probate and Administration)
When someone unfortunately passes away, certain steps need to be taken to be able to deal with the assets of an estate. Much will depend on whether the person died with or without a will, The team at Karnib Law Group can assist you once a loved one has passed away to take the time and stress of dealing with assets off your shoulders. We understand that it is not easy to lose a loved one and the team at Karnib Law Group will do everything possible to make this process as smooth and as seamless as possible.
Probate (when there is a Will)
When a loved one has passed away and left a Will, then the person/s responsible for dealing with the assets of the estate would be known as the Executor/s or Trustee/s. In most cases an Executor will need to apply to the Supreme Court of NSW for a Grant of Probate to be able to deal with the assets of the estate. Probate is the process by which a Will is proved to be valid so that the deceased’s property can be distributed to the beneficiaries in accordance with the terms of the Will. The Grant of Probate is a document certifying that the Supreme Court of NSW recognises that the Will is a valid Will, is the last Will and testament of the deceased and gives the Executor the authority to deal with the assets of the estate. In cases of a small estate, it may not be necessary for the Executor to apply for a Grant of Probate to be able to deal with the assets of the estate. At Karnib Law Group, our experienced team of lawyers can assist an Executor to obtain a Grant of Probate. In preparing the Probate application, we will require the original Death Certificate and Will, and any information you may have about the deceased’s estate, including any real properties, bank accounts, motor vehicles, superannuation, shares, or other assets owned by the deceased as well as the liabilities of the deceased (if any).
Letters of Administration (when there is no Will)
When a loved one has passed away and they have not left a Will, then that person’s estate is governed by the intestacy rules located in Chapter 4 of the Succession Act 2006 (NSW). In those circumstances, the deceased’s spouse or de facto spouse, child or children or other family members (if applicable) can apply to the Supreme Court of NSW for Letters of Administration to become the Administrator/s of the estate. The Letters of Administration is a document certifying that the Supreme Court of NSW recognises that the deceased passed away without a Will and gives the Administrator the authority to deal with the assets of the estate. The team at Karnib Law Group can assist you in obtaining Letters of Administration. In preparing the Letters of Administration application, we will require the original Death Certificate, and any information you may have about the deceased’s estate, including any real properties, bank accounts, motor vehicles, superannuation, shares, or other assets owned by the deceased as well as the liabilities of the deceased (if any).
