Probate


We help people who have recently had a death in the family to manage the legal process and distribute the testator’s property

in accordance with the testators wishes.

What is Probate?
Probate is a process that gives the executor of the Will, the ability to obtain title of the testators (the deceased) property and deal with the testators estate in accordance with the Will. ie. distribute the gifts that were left by the testator to the intended beneficiaries.

As executor, is there anything that I need to do before the funeral?
The answer to this is normally no, you will have enough on your mind and will need to come to terms with the death of your loved one, and will possibly need to assist with the funeral arrangements or support others at this time. If you need to clarify what is required Batey’s Family Lawyers will be more than happy to help you and provide guidance over this difficult period.

Do I need to arrange for Probate?
This will depend on the assets that the Testator held and how the Testator held the assets. If the major asset of the Testator is a home and they owned the home as joints tenants with a spouse probate may not be required. However if there are shares, other property or substantial wealth it is likely that probate will be necessary. Batey’s Family Lawyers can assist you in determining if probate is required or if other arrangements can be made for your individual circumstances.

I am the executor of a Will what do I need to do?
The executor will need to apply for probate. Batey’s Family Lawyers can assist you with this process. You will need to bring the following documents:

  1. The original of the Will including any codicils. (codicils will normally be attached to the Will if they exist, they will contain an amendment to the will signed by the Testator)
  2. The original death certificate
  3. Compile a list of the assets of the testator including values
  4. Details of any insurance policies or death benefit policies

These documents will be required to be lodged with the court for probate to be granted. The solicitor will draft the necessary court documents and affidavits for you to sign, publish the required notices in the paper and then lodge the necessary paper work with the court.

Once probate is granted what do I need to do?
As Executor you role is to ensure that the will is administered in accordance with the Testators wishes. Batey’s Family Lawyers will attend to the technicalities and the law, and on your approval distribute the estate.

What can the Executor do to maximise the value of the estate?
This will depend on how the will is worded, however it is common for the will to provide the Executor with the authority to make decisions that will maximise the value of the estate for the intended beneficiaries. Batey’s Family Lawyers will be able to assist you with understanding your authority and minimising any personal risk or liability.