AWARD WINNING ESTATE ADMINISTRATION SERVICES
Our Estate Administration Services
You have enough to deal with following the death of a loved one and we know that you need time and space to grieve. Advocate Lawyers can assist you with:
- Applying for probate from the Supreme Court of Tasmania;
- Applying for letters of administration from the Supreme Court of Tasmania;
- Applying for a reseal of probate or letters of administration obtained in other states or overseas;
- Administration of an estate, which may involve: organising all assets and liabilities; selling assets; trust administration; completing final tax returns; maintenance of assets; and payment of superannuation benefits or life insurance claims.
Where the deceased person had a valid Will, the executor of the estate may have to apply for Probate. A ‘Grant of Probate’ is a document issued by the Supreme Court of Tasmania confirming that the Will of a deceased person is a valid document and permits the executors to legally manage and distribute the estate (otherwise known as the liabilities and assets).
If the deceased person had only a small estate then you may not need to apply for Probate but this will depend on the type of assets they owned and the value of those assets.
If the person owned real property (i.e. land) that will need to be transferred then it is likely that you will need to apply for Probate.
What if I can’t find the Will?
If you know that your loved one signed a Will but you haven’t been able to locate a copy of it, we may be able to assist. Many original Wills are held safely by the lawyers that drafted them.
If a loved one has died with assets but without a Will, then an application for letters of administration can be lodged by whomever wishes to manage the deceased person estate. The Supreme Court of Tasmania will then decide who to appoint as administrator of the estate.
If you cannot locate a Will then the deceased person’s assets will be distributed according to the Intestacy Act 2010 (Tas) which sets out an order of who will benefit from an estate in those circumstances.
There are a few considerations in these circumstances and that’s why we offer an initial obligation-free consultation so that you can get an idea about what will be involved. Call us for an initial discussion about your circumstances.
If you have already applied for a Grant of Probate or Letters of Administration in another state or territory but there are also assets in Tasmania, you may have to apply for a “reseal” of that grant. This is often necessary where the deceased person had assets in more than one state or territory.
We can assist you with this process regardless of whether you are located in Tasmania or elsewhere. Call us for an initial discussion about how we can help you.
Estate Administration is a general term that refers to all work involved in organising a deceased person’s assets and liabilities after they have passed away.
After obtaining a Grant of Probate or Letters of Administration, an executor has to then organise for the transfer or sale of assets and then distribution of funds to beneficiaries. Where the person owned a property, this can include managing that property by paying invoices, maintaining the gardens, renovating for sale, engaging an agent, and eventually, transferring or selling the property.
We can assist with this process right up until distribution and wrapping up of the estate.
Frequently Asked Questions About Estate Administration
What if I can’t find the Will?
If you know that your loved one signed a Will but you haven’t been able to locate a copy of it, we may be able to assist. Many original Wills are held safely by the lawyers that drafted them.
If we can’t locate a Will then we can assist you with an application for Letters of Administration to the Supreme Court of Tasmania if you wish to be appointed as administrator and manage the estate. We can also advise you on how any assets will be distributed if there is no valid Will.
Do I have to use the lawyer that drafted the Will to apply for Probate?
As the executor, you can choose any lawyer that you want to assist you with the estate.
If you are an executor but don’t want to instruct the lawyer who is currently holding the Will, we can organise for the original to be transferred to our office so that we can apply for Probate on your behalf.
If you have questions around a Will, your rights as a beneficiary or executor, or just want someone to help guide you through the process of obtaining probate, we can help as much or as little as you need.
Call us for an obligation-free discussion about how we can best assist you.
I’ve found a Will but it doesn’t look like it’s signed (or signed correctly), what do I do?
If you have found a Will but it is not validly signed then you may need to apply for Letters of Administration from the Supreme Court of Tasmania.
Call us to discuss next steps.
I’m the executor but I don’t live in Tasmania, can I still engage Advocate Lawyers?
Yes! We have processes for completing identity checks and signing documents for executors who are interstate or even overseas. We can still walk you through the process and ensure that all of your paperwork is filed in Tasmania.
