Estates & Trusts Administration – Probate & Letters of Administration
W
e provide legal advice concerning estates and trusts of varying complexities and sizes.
We can guide you about your duties rights and obligations as executors, trustees, or beneficiaries.
If your loved one dies leaving a will, we can assist you with simple and complex applications for grants of probate or letters of administration with the will annexed (where the nominated executors are not able to make an application for probate).
If there is no will and the estate is to be administered under state legislation, we can assist you with simple and complex applications for grants of letters of administration.
We have the experience and expertise to aid with estate administration, dealing with disputes regarding estates and contested wills.
Our Principal the only Accredited Wills and Estates Specialist in the Hunter New England Region.
Click the logo above to find out why you should always use an Accredited Specialist.
Frequently Asked Questions
What is probate and when do I need it?
Probate is a grant from the Supreme Court of NSW confirming that a will is valid and authorising the executor to administer the estate. It's generally required when the deceased held certain assets, such as real estate or larger bank balances, in their sole name. We can advise whether probate is required in your specific circumstances.
What happens if someone dies without a will?
If there is no will, the estate is administered under NSW legislation, and someone eligible under that legislation must apply for letters of administration before they can deal with the estate. This process can take longer and be more complex than administering an estate with a valid will. Our team can guide you through each step.
How long does estate administration usually take?
Timeframes vary depending on the complexity of the estate, whether all assets and beneficiaries are easily identified, and whether any disputes arise. Simple estates may be finalised within several months, while more complex or Contested Estates matters can take considerably longer. We'll give you a realistic timeframe once we understand your circumstances.
What should I do first if a loved one has passed away?
Before taking any formal legal steps, it's worth locating the will (if there is one) and gathering basic information about the deceased's assets and liabilities. From there, Contact Us and our experienced team can guide you through the probate or letters of administration process at what is often a difficult time.
Can Bestic Law help if a dispute arises during administration?
Yes. We have experience dealing with disputes regarding estates and contested wills, including defending executors and administrators. If a dispute arises during the administration of an estate, our Contested Estates team can advise you on the best way forward.