B A T E Y S

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What is Probate?

Probate is the legal process that allows the executor of a Will to obtain authority over the deceased’s property and manage the estate in accordance with the Will. This includes distributing the gifts left by the deceased to the intended beneficiaries.

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Responsibilities Before the Funeral

Whether probate is required depends on the assets of the deceased and how they were held. For example:

  • If the deceased’s major asset is a home held jointly with a spouse, probate may not be necessary.
  • If the estate includes shares, other property, or substantial wealth, probate is usually required.

Our lawyers can assess your situation and advise whether probate is necessary or if alternative arrangements are suitable for your circumstances.

Call us on 02 9792 1833 or email us at lawyers@bateys.au

As the executor, you will need to apply for probate. Bateys Law Firm can guide you through every step. You will need to provide:

  • The original Will and any codicils
  • The original death certificate
  • A detailed list of the deceased’s assets and their values
  • Details of any insurance or death benefit policies

Our solicitors will draft the required court documents, prepare affidavits for your signature, publish the necessary notices, and lodge the paperwork with the court to ensure probate is granted efficiently.

Call us on 02 9792 1833 or email us at lawyers@bateys.au

After probate is granted, your role as executor is to administer the estate in line with the deceased’s wishes. Bateys Law Firm will handle all technical and legal requirements and, with your approval, distribute the estate to the beneficiaries.

Call us on 02 9792 1833 or email us at lawyers@bateys.au

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FAQ

Frequently Asked Questions

Probate is the legal process of validating a Will and authorising the executor to manage and distribute the deceased’s estate according to their wishes.

While it is possible to apply for probate without a lawyer, having professional guidance ensures the process is handled correctly, minimises errors, and helps resolve any disputes that may arise.

If the deceased did not leave a Will, the estate is distributed according to the laws of intestacy. Our lawyers can guide administrators through the process and ensure assets are allocated fairly.

The timeline can vary depending on the complexity of the estate and any disputes. Our team works efficiently to manage the estate while keeping executors and beneficiaries informed at every stage.

Yes, beneficiaries or other interested parties can challenge a Will or the distribution of an estate. We provide expert advice on defending or managing disputes to protect your interests and ensure compliance with the law.

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