Probate & Administrations

What is Probate?

A Grant of Probate is a document issued by the Court which, amongst other things, declares the Will an Executor intends to administer is the deceased’s final Will.

 

How will Probate help me?

A Grant of Probate will make your dealings for the estate with third parties easier as it allows them to be assured they are dealing with the correct executor of an estate. Probate also helps to protect an executor against claims from beneficiaries under any subsequent Will. If properly advertised an executor will also be protected against creditors of the deceased who failed to notify the Executor of their claim within the statutory period.

 

What if no one is named as executor?

If the deceased did not have a Will or if the person named in a Will as executor is no longer available then it is possible for another person to apply to the court for a Grant of Administration known as Letters of Administration.

 

Who pays for the cost of probate?

In most if not all cases an estate lawyer’s fees are paid from the estate and not from the personal representative's own funds.

 

How we help

Ellison Moschella & Co can assist with the preparation, advertising and lodgment of the documents necessary to obtain probate or letters of administration. We have been doing this since the 1920's so we know what we are doing and can help guide you through this process quickly and economically.

Acting as an Executor or under a Grant of Representation of another kind brings with it significant obligations, personal risk and potential liabilities. We can help protect you from possible risks and liabilities by ensuring the estate is properly administered.