What is Probate?
Probate is the legal process that allows the executor of a Will to obtain authority over the deceased’s property and manage the estate in accordance with the Will. This includes distributing the gifts left by the deceased to the intended beneficiaries.
Responsibilities Before the Funeral
Whether probate is required depends on the assets of the deceased and how they were held. For example:
If the deceased’s major asset is a home held jointly with a spouse, probate may not be necessary.
If the estate includes shares, other property, or substantial wealth, probate is usually required.
Our lawyers can assess your situation and advise whether probate is necessary or if alternative arrangements are suitable for your circumstances.
Call us on 02 9792 1833 or email us at lawyers@bateys.au
As the executor, you will need to apply for probate. Bateys Law Firm can guide you through every step. You will need to provide:
The original Will and any codicils
The original death certificate
A detailed list of the deceased’s assets and their values
Details of any insurance or death benefit policies
Our solicitors will draft the required court documents, prepare affidavits for your signature, publish the necessary notices, and lodge the paperwork with the court to ensure probate is granted efficiently.
Call us on 02 9792 1833 or email us at lawyers@bateys.au
After probate is granted, your role as executor is to administer the estate in line with the deceased’s wishes. Bateys Law Firm will handle all technical and legal requirements and, with your approval, distribute the estate to the beneficiaries.
Call us on 02 9792 1833 or email us at lawyers@bateys.au
Call us on 02 9792 1833 or email us at lawyers@bateys.au
Bateys Law Firm
Meet our talented team of dedicated directors and lawyers, committed to delivering expert legal solutions
Google Rating
Bruce Batey
Kelly Batey
FAQ
Frequently Asked Questions
What is probate?
Do I need a lawyer to apply for probate?
What happens if there is no Will?
How long does the probate process take?
Can probate be contested?
Yes, beneficiaries or other interested parties can challenge a Will or the distribution of an estate. We provide expert advice on defending or managing disputes to protect your interests and ensure compliance with the law.
