What Is The Process For Obtaining Probate For A Deceased Estate In Perth?

April 12, 2024    Probate Lawyers Perth
What Is The Process For Obtaining Probate For A Deceased Estate In Perth?

People often need to divide their assets or earnings during their lifetime. Moreover, the behaviour or the lookout of certain relatives often compels them to suppress the information about property division as long as they live. Everyone must know the term ‘will’ and executor. A will is a legal document in which people can divide their property according to their wishes and considerations.

However, the executors need to apply for and get a probate grant before they can enforce the Will’s contents. In fact, with a probate from the Australian Supreme Court, the Will will be considered legally strong. You should hire the most professional probate lawyers in Perth from well-known legal agencies like Tang Law to ensure the proper execution of someone’s last wishes.

Some facts about probate

In legalese, probate is a certificate granted by the Supreme Court of Western Australia’s probate office. It signifies the validation and consequent registration of the deceased’s Will, the authority permission for an executor to administer the estates according to the terms of the Will. The court may grant the probate in common form or solemn form.

In the common form, the Will is proven without a dispute, and no hearing or witness evidence is required. The solemn form is granted when the Will is under dispute and arguments and contest proceedings have already started or are about to start. You should take the help of experienced lawyers for defending wills in court of Perth.

Is a probate grant absolutely necessary? 

Obtaining probate is not a constitutional requirement, and a grant may be deemed unnecessary for small estates. One can transfer jointly held properties to the surviving owner(s) only if they lodge the documents with the relevant authority.

Financial institutions like banks and share registries usually release modest amounts without probate. The entitled persons to the fund must produce death certificates, proofs of their right to the funds, and an indemnity releasing them from future claims. It is best to have an experienced agency of estate planning lawyers in Perth to ensure smooth proceedings and relevant inquiries.

A probate grant is essential for transferring real estate not subject to joint tenancy. However, the executor will seek a grant of probate in case of real estates with significant area, complex division conditions, and multiple claims.

The process of probate grant 

The probate grant procedure starts with an application and submission of supporting documents, which must be comprehensive, appropriate, and error-free. It is best to employ a professional estate lawyer’s agency to complete the probate application process in WA successfully. The court will need the following documents for grant of probate proceedings:

  • A motion requesting the award of a grant of probate
  • An affidavit mentioning the statement of assets and liabilities
  • The will and the deceased’s death certificate are in their original form.

The affidavit should mention the date of birth, place of death and the date, and the common residence place of the deceased testator. It is also imperative for the affidavit to identify the death certificate as well as the will. It should also have additional information about the will’s witness and testator’s marital status.

The affidavit should also state any irregularities – like different name spellings or the death of a beneficiary named in the Will. The court may require additional documentation to understand unusual circumstances – so it is better to employ the best estate lawyer’s services.

The executor mentioned in the Will has a continuous duty to release the possessions and accountabilities of the estate. They may start the administration of the estate once the probate is granted.

If the testator had assets outside Western Australia, the grant of probate would be required to be ‘resealed’ in the proper jurisdiction of those possessions. Experienced real estate lawyers are the best to complete this procedural matter. They will apply a copy of the original probate grant, application, and supportive documentation with the appropriate court (where those properties outside Western Australia) are being held.

Signing off

The executors are not legally obligated to publicize their aim of applying for probate or distributing an estate. However, the best deceased estate lawyers in WA advise doing so – as it protects the executors from the claims of creditors.

They can publish a notice in any major Western Australian publication – stating the date after which they will distribute the estate and requiring any claims to be submitted within that specified date. It will protect the executor from liability for any uncommitted claims. If you wish to deal with these critical issues and sail smoothly, get in touch with the top lawyers who can render useful assistance in this regard.

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