Estate Administration Probate

• HHG are highly qualified and able to assist you with every step of managing a deceased estate
• We have considerable expertise in Estate litigation and Family Provision Act 1972 (WA) claims.
• Our team is able to ensure that you, as the manager of the deceased estate, are adequately defending the Estate’s interests.

Grant of Probate or Letters of Administration

Should you die without a Will, or if the Will is invalid, you will be deemed to have died intestate. If there is a Will, the named Executor will need to apply to the Supreme Court for a Grant of Probate.  If there is no Will, then a family member will need to apply and file for Letters of Administration.

Circumstances may also arise to complicate the application or provide that and application for a Grant of Probate is not required. In any case, it is strongly recommended to seek specialised legal advice as soon as you are notified of the deceased’s death.

Obligations of Administrator/Executor

It is the Executor or Administrator’s duty to administer the estate. This includes:

1. Managing the Deceased’s Funeral and associated costs.
2. Preparing and filing applications for Grants of Probate, Letters of Administration and Letters of Administration with the Will Annexed (mentioned above).
3. Ensure all assets are brought in and secured.
4. Publishing legal notices to creditors and beneficiaries.
5. Settling all debts with potential creditors.
6. Distributing all remaining assets to real estate to beneficiaries or surviving joint tenants in accordance to the Will. This process will include, for example, managing the process of selling real estate and shares.
7. Should there be legal proceedings against your will; the Executor will also be the representative Defendant to the action in Family Provision Act 1972 (WA) claims.

*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.