Estate Administration

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This process can feel like another never ending to-do list, but all good administration starts with a checklist. Our Solicitors can provide advice in regards to Estate Administration and assist Executors and Administrators in carrying out the often lengthy list of Estate administrative tasks.

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We can help to tick-off the following:
 

• Identifying Estate assets and liabilities;

• Obtaining valuations of the Estate's property;

• Informing government bodies including Centrelink and Veterans Affairs;

• Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts;

• Paying estate debts including mortgages, funeral costs, and testamentary expenses;

• Providing advice regarding family and testamentary trusts;

• Distributing bequests and inheritances to beneficiaries.

Grant of Probate

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The Green Light. A Grant of Probate is issued by the Supreme Court of South Australia and it provides the right for the executor listed in the deceased’s Will to administer the Estate in accordance with the terms of the Will.

What we do:

• Interpret the Will of the deceased;

• Advise Executors and Trustees of their duties and rights;

• Verify the Identities of the Executor(s) of the deceased estate;

• Collate and review all necessary documents needed to apply for a Grant of Probate;

• Obtain information with respect to all assets and liabilities of the deceased Estate;

• Determine whether a Grant of Probate is required for each particular asset

• Applying for Probate of the Will in the Supreme Court;

• Liaise with different organisations or institutions regarding the release of assets once Probate has been granted;

• Undertake the Conveyancing process for the transfer of any property pursuant to the terms of the deceased’s Will.

Letters of Administration

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If you die without a valid Will, then the Intestacy laws will determine how your Estate is to be distributed. Dependent upon the assets that you hold in your Estate, you may be required to obtain a Grant of Letters of Administration.

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What we do:​

• Applying for Letters of Administration (if the Will is deemed invalid or is absent)

• Advise whether the applicant is eligible to apply for Letters of Administration;

• Explain how the role of an Administrator differs from that of an Executor;

• Advise how the estate is likely to be distributed under the Administration and Probate Act 1919 (SA);

• Advise the applicant what documents are required to apply for Letters of Administration;

• Apply to the Supreme Court for Letters of Administration;

• Provide the Court with any further information required to grant Letters of Administration upon their request;

• Liaise with different organisations /institutions regarding the release of assets once Letters of Administration has been granted;

• Assist with the Conveyancing process of any real estate of the Estate once Letters of Administration has been granted;

• Report to the Public Trustee in relation to the distribution of the Estate.