Probate declares the will is the last will that the deceased person. It also confirms that there are no objections to the will being valid.
An executor can apply for probate or they can ask a solicitor or trustee company to do it for them. There are a series of steps you need to go through to apply – including advertising online that you are applying. When you submit your application for probate to the Supreme Court, you need to include the deceased person’s will, death certificate and a confirmation of the estate’s assets. You also need to include an affidavit. An affidavit is a legal document that, in this case, proves to the court that the executor will administer the estate well and in line with the law.
When a person dies without a will (intestate), there is no executor to administer the estate. In these cases, the closest next of kin can apply to be appointed.
It takes around two weeks for a will to be granted probate.
We are Melbourne based with clients throughout Australia. Our SMSF administration service is mostly paperless. This enable us to charge a fair fee, resulting in a good value-proposition for you.
Superannuation Warehouse is an accounting firm and do not provide financial advice. All information provided has been prepared without taking into account any of the Trustees’ objectives, financial situation or needs. Because of that, Trustees are advised to consider their own circumstances before engaging our services.
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