In most deceased estates if you’re the executor of a Will,
You will have to obtain a Grant of Probate from the Supreme Court of South Australia.
Essential facts that you have to know about the Probate Process:
- The grant officially acknowledges that the Will is valid and that as executor, you have the right to carry out the administration of the estate.
- The process is not as simple as merely completing a form and paying a fee.
- Complexity increases with certain types and location of assets owned by the deceased.
- Often, it is not an easy exercise to obtain and produce the necessary Court documents.
- If every one of these documents isn’t completed according to stringent legal requirements, the Court will almost certainly requisition your application.
- It is not advisable for you, the executor of the deceased estate, to go through the Probate Process without any assistance.
DIY Probate might lead to numerous complications
That might cost the estate more time and money, such as the following:
- Probate may not be required, especially in cases when assets are of a low value.
- Complex affidavits are necessary to support the application.
- Attendance at the registry is required due to mistakes in the application.
Although it is not illegal to try to apply for a Grant of Probate on your own, DIY Probate is not something you should enter into lightly. Getting it wrong will cost the estate in time and money, And can expose you, as the executor, to substantial and expensive personal liabilities.
To avoid these complications in the Probate Process, Better instruct a specialist Probate and Estate Administration lawyer in Adelaide.
Here at Genders & Partners, we can provide you with expert guidance on your duties and responsibilities as executor of a deceased estate. Rod Genders is a senior Australian lawyer specialising in Wills and Estate Planning as well as in Probate and Estate Administration. Call us today on 08 8212 7233 for a FREE First Interview.
FREE REPORT “7 Things You Must Know About Probate and Estate Administration”
In this report you will Learn:
- What is Probate
- Duties of Executors
- Who Should Serve as Executor
- Executor’s Commissions
- Legal Fees and Expenses
- Sale of Real Estate and Other Property
- Challenges to the Will or Estate