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Deceased Estates, Probate and Administration

The death of a relative is a difficult, confusing and emotional time.  Acting as an Executor can be stressful.  At Burns Krainz Legal & Conveyancing our experienced solicitor can help you through the process of administering and distributing the estate in accordance with the wishes of the deceased.

Estates can sometimes be complex and can take many months or even years to finalise.  It is therefore important to obtain the help of an experienced solicitor to guide you through the steps.

It will depend on the deceased’s assets as to whether Probate will be required.  If the deceased had a small estate, Probate may not be required and we can help you attend to administration of the deceased’s assets.  If Probate is required, we can help you apply for this with the Supreme Court of New South Wales.  This process will take a few months.  Once Probate has been granted to you, you will have the power to administer the deceased’s estate in accordance with their wishes.

If the deceased did not leave a Will they are said to have died Intestate.  There is government legislation which provides for how an estate is to be distributed if a person dies without a Will.  In these circumstances the administrator (which is often the deceased’s next of kin) will apply for Letters of Administration with the Supreme Court of New South Wales to become the Administrator of the estate.  Once Letters of Administration has been granted, the Administrator will distribute the estate in accordance with the rules.  Applying for Letters of Administration is usually far more complex than applying for Probate.  Seeking legal advice for this is highly recommended.