Five common queries you might have about probate
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Probate is the court-supervised process which sees if the last will made by the deceased one is authentic. The process can include everything from determining and locating assets’ value, paying their final pending expenses (bills or taxes) and distributing the estate to the beneficiaries. However, as these things happen just immediately after someone dies, it gets a bit challenging to arrange everything given the state of mind of the near and dear ones. This is why having a Probate lawyer Adelaide is helpful. The person can help you guide through the entire procedure and also take necessary actions for the rightful beneficiaries.
Here are the five major queries people often heard to face when talking about ‘probate’ and ‘estate administration’. Let’s have a look –
Is it mandatory to have a probate for an estate?
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If there is a valid will, a probate application is not a necessary requirement. In situations when assets are held ‘jointly’ with the partners, probate is not a foregone conclusion. Such as, when a person is survived by his wife and the assets such as house, bank accounts were in the name of the joint holders, probate will not be needed.
What are the requirements of getting a probate application?
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The number and type of assets determine the complexity of a Probate Application. There are a number of key documents necessary for any Probate Application which are follows-
- An online form
- Affidavit of Alias – in case of any error in the deceased’s name on the Will or if there were various versions of the person’s name
- Affidavit of Plight and Condition – in case of any alteration in the Will from the original format
- Affidavit as to Due Execution – in case of any doubts about the authenticity of the Will
What to do in case of erroneous Will?
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When a Will is not been prepared by a lawyer, chances are there will be errors. Misspellings, incorrect addresses, can be corrected by providing brief and sufficient explanations in the Probate Application. However, it will require ‘rectification’ when the gifting intentions of the deceased are found to be flawed and will go through a formal correction. Had the errors being cause by the lawyer, (or the lawyer’s insurer), in that case they have to bear the expense of the rectification.
What to do when there is no Will?
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- If the deceased died ‘intestate’ which means, when there is no real Will, it is required to make an application called Letters of Administration which is not similar to probate. Here, there will be an appointed Administrator who will supervise and finalize what to do with the personal affairs and assets of the deceased person. People who can take up the role as Administrator are in the order of –
- Spouse/partner;
- ·Child (if adult);
- ·Mother/father;
- ·Brother/sister;
- ·Grandparent; and
- ·Uncle/aunt/niece/nephew
- There can be an alternate situation when some else has to nominate themselves to become the Administrator and is only feasible when the other higher priority people do not have any issues with the said role.
Cost and time for probate
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When you have the right probate lawyer, he will help you get it done timely and also keep the process smooth. The person can itemise the anticipated expenses including Court Application Fee. The clients must keep all the documents prepared before the application to assist in making the procedure faster and get it done in reduced price.
