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Probate

 

Probate is about an executor (or administrator of a deceased estate where there is no will) getting an authority from the State (Supreme Court) to locate and gain control of all of the assets of a deceased estate prior to doing the distribution to the beneficiaries.

There are at least 5 ways in which to achieve this objective in order of cost (low to high):

1. With no help

2. by using the LCA Probate Kit (which includes back-up)

3. by using the LawConsumers associated company, the Probate Company Pty Ltd

4. by using a solicitor, or

5. by using the Public Trustee/ Trustee company

Each choice has its merits and whilst your choice may be more costly than an other, it may best in your circumstances.

T I M E

There are some limits on when and how long it will take to get a grant (of probate).

Firstly, an advertisement has to be placed on the Attorney Generals website announcing your intention to get a grant, then

Secondly, you have to wait 14 days before the application can be made (filed in the  Supreme Court), then

Thirdly, you have to wait for  the grant to be issued and then for the grant to be mailed to you.  If the application is in order (no questions or requisitions are raised by the Court) it takes about 3 days. Or, it may take a further 2-3 weeks for Court to process the grant and mail  it to you.

During these above steps,  other things can proceed – the application can be prepared; the estate can be located and identified.

T H E  A L T E R N A T I V E S

The Probate Company Pty Ltd is an option for those who do not have the time or inclination to make the application themselves and do not want to go to a solicitor.  Cost can be a motivating factor as well as the ‘professionals’ taking longer to justify the higher costs.  The Probate Company Pty Ltd usually takes no longer than if you were to do it yourself and for a significantly lower fee than the ‘professionals’ charge, and it is an up-front fixed fee.

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