Probate solicitors for Newcastle executors and administrators
When a person dies, their executor or administrator must often obtain a formal grant from the NSW Supreme Court before they can deal with the assets of the estate. Julia Clarke Solicitor assists executors and administrators across Newcastle with the entire probate process, from the initial assessment through to the distribution of the estate to beneficiaries.
Probate and estate administration is one of the areas in which our experience and attention to detail makes the greatest difference. The Supreme Court's probate rules are technical and applications must be prepared correctly. Errors cause delays and additional cost at a time when families are already dealing with grief.
Grant of probate
A grant of probate is issued where the deceased left a valid will and the named executor is applying to administer the estate. The grant is proof of the executor's authority to deal with the deceased's assets, including real property, bank accounts, share portfolios, and superannuation benefits (where the estate is the beneficiary).
We prepare the application for probate, the supporting affidavit, the inventory of assets and liabilities, and the notice of intended application. We file all documents in the Probate Registry and attend to the grant once issued.
Letters of administration
Where the deceased died without a will (intestate), or the named executor is unable or unwilling to act, the appropriate application is for letters of administration. The estate is then distributed according to the statutory formula under the Succession Act 2006 (NSW). We advise Newcastle administrators on their obligations and entitlements under the intestacy rules.
Estate administration after the grant
Once the grant is obtained, the executor or administrator must collect the assets of the estate, pay debts and liabilities, and distribute the estate to the beneficiaries in accordance with the will (or the intestacy rules). This process can be complex where the estate includes real property, business interests, or superannuation. We assist executors throughout the administration process and provide advice on their duties and potential personal liability.
Complex and contested estates
We advise on more complex matters including contested wills, family provision applications by disappointed beneficiaries, lost or informal wills, and disputes between executors and beneficiaries. Where litigation is necessary we can advise on your prospects and, where appropriate, refer you to experienced equity counsel.