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Deceased Estate

Probate

You have been appointed as Executor of a Will. The first thing you will need to do is apply for Probate.

In many cases when you’re appointed as an executor, you are the executor of a loved one who has recently passed away. At a time where emotions are running high you have been granted the extra responsibility of organising the funeral, and tying up the loose ends. This means seeking a grant of probate. You want to get everything done properly and all this can be overwhelming for you. 

Let’s face it, Banks and Government are difficult to deal with at the best of times. But now, at a time, where the last thing on your mind is dealing with money, selling property, opening bank accounts and paying debts you are required to do exactly that.

Unfortunately, the law is not always practical. With the exception of costs for funeral expenses, there is not really much you can do without first seeking probate.

Probate is a highly legalised area, where the Supreme Court oversees the process to make sure that the estate is dealt with in a proper fashion. Probate is the process of proving and registering in the Supreme Court the last Will of the deceased person.

Before you can truly take on the role of executor you must first make an application to the Probate Office of the Supreme Court. This involves advertising your intention on the Supreme Court website. If the application is approved then your first role as Executor is to confirm the author of the Will has died. You will also need  to prove the Will is legitimate and confirm your identity as the Executor.   

Probate also involves making an inventory of assets of the estate and a list of debts. You will also need to make an affidavit and draft Court forms. Once probate is dealt with you will need to carry out Estate Administration. This can be incredibly stressful during an already overwhelming period for you. 

Here at Vaarzon-Morel Solicitors our lawyers are here to take the headache out of the process. We will provide advice to any Executor named under a Will. We are here to advise you on your rights and responsibilities as Executor. Our aim is to help make the process of probate as smooth as possible for all involved.

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    ▲
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      ▼
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      • Commercial Lease
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      ▼
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    • Wills and Estate Planning
      ▼
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      • Power of Attorney
      • Enduring Power of Attorney
      • Enduring Guardian
      • Advanced Care Directive
    • Deceased Estate
      ▲
      • Probate
      • Estate Administration
      • Dying without a Will
      • Contesting a Will
      • Challenging a Will
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