When your loved one passes away and it’s time to distribute the estate, it is important for beneficiaries to know what is an application of Wills and how lawyers help in probate.
- Probate and administration lawyers provide assistance by obtaining a Grant of Probate from the Supreme Court through the filing of motions and affidavits attached with your deceased beloved’s Will. This enables the delegated Executor to manage the estate and distribute it according to the Last Will and Testament
- Hoe Lawyers can also help in probate by assisting you in applying for Letters of Administration to the Supreme Court. This is the next step if your deceased beloved passed away without a Will, or if their Will was found invalid.
- As a law firm with more than a decade of experience in Estate Law, you can rely on Hoe Lawyers to provide clear and comprehensive legal advice on your probate application.
We have worked with hundreds of clients since 2009, and continue to satisfy clients by applying for Grant of Probate or Letters of Administration on their deceased’s estate from the Supreme Court of Western Australia.
When Do I Need Application for Probate of Will
When a loved one dies, where do I start?
Losing your loved ones is a painful experience, but sooner or later, it will be necessary to sort out their financial affairs. Often, the Executor of a deceased loved one’s Will proceeds accordingly, but when a Will does not exist, then the closest beneficiaries like family and relatives makes the necessary applications.
The process involves sorting out the following tasks:
- Accounting for the deceased beloved’s estate, which includes all their assets and liabilities
- Repayment of the deceased beloved’s outstanding debts
- Distribution of the deceased beloved’s estate to his or her beneficiaries
Depending on the situation, obtaining Grants of Representation can be a requisite to legally finalise the deceased beloved’s affairs and distribute their assets accordingly.
What is a Grant of Representation, and How Can We Help?
A Grant of Representation is a Court-issued document, which makes it legally binding, and it empowers the executor of a deceased individual’s Will to manage his or her estate. This includes allowing the executor or administrator to collect and gather the deceased individual’s assets, such as property and money, repay his or her debts, and distribute his or her estate. The grant effectively serves as proof of legitimacy that the executor or administrator is the legally authorised representative in handling the deceased’s estate.
Probate and Administration lawyers assist in the applications for Grant of Representation, which can either be any of the following:
- Letters of Administration with the Will Annexed
- Letters of Administration
Hoe Lawyers can help you navigate the entire process and shed clarity on the various scenarios that may warrant a Grant of Representation, such as a Probate Application.
What is a Grant of Probate Application and When is it Required?
An Application for Probate of Will is required when your deceased loved one owns assets such as real estate or money in the bank. In the event that his or her assets are co-owned, such as “joint tenants,” the asset is passed on by way of survivorship. This applies to assets like tangible property, bank accounts and other investments.
It is important to note that a lawyers can help in Probate if a valid Will exists.
If no Will exists or a Will is found invalid, the personal representative/s of the deceased beloved’s estate apply for Letters of Administration.
Probate Applications Assistance: How Lawyers Help in Probate
How to Apply for a Grant of Probate or Administration
Here are three ways you can apply for a Grant of Representation:
- Hire a solicitor to apply on your behalf
- Authorise a trustee company to serve as executor or administrator
- Apply on your own
Usually, the first two options are the preferred by many, but you can also choose to do it by yourself.
With Hoe Lawyers, we are committed to providing you with excellent and affordable legal services, so you won’t have to handle the emotional turmoil alongside all the legal paperwork on your own.
For all your probate application needs, don’t hesitate to consult our probate and administration lawyers today.
What are the Steps in the Application for a Grant of Probate or Administration?
In six straightforward steps, you can apply for a Grant of Probate or Administration:
- Consult a lawyer and determine whether you need a Grant of Probate or Letters of Administration, because in some cases, it may not be a requirement at all
- Determine which type of grant application is necessary if it is indeed a requirement to proceed with the distribution of the deceased’s estate
- Advertise your intent to apply for a grant on the Probate Online Advertising System
- After 15 days, complete your application and produce an affidavit
- Upload your documents
- Wait for the Probate Office to issue your Grant
That being said, you don’t have to do this all on your own. We understand that grief has no definitive end.
Talk to us and we’ll make it simple and easy for you.
Probate and Administration lawyers have years of experience under their belts, enabling them to answer your legal and address your concerns when it comes to probate applications assistance.
Hoe Lawyers makes the process of probate application simple and straightforward.
The entire process of an application for Probate of Will can be daunting, especially when you’re still mourning the loss of a beloved. With Hoe Lawyers, you won’t have to deal with all the emotional weight by yourself.