Probate and Deceased Estate Administration

A deceased estate refers to the assets and property of a person who has died and can include real estate, personal property, cash, shares, as well as other assets.

A person named as an executor of a Will has the responsibility to administer a deceased person’s estate in accordance with the terms of the Will. DDCS Lawyers can assist executors with all of the legal and practical aspects involved with the administration of a deceased estate. The steps involved in dealing with an estate usually include:

Identifying and securing the deceased’s assets;
Applying for a Grant of Probate or Grant of Letters of Administration;
Managing and administering the deceased’s assets (eg. Closing the deceased’s bank accounts, transferring shares and/or properties owned by the deceased to the intended beneficiary);
Ensuing all debts and liabilities are paid and tax matters finalized;
Administering any trusts established under the Will;
Distributing estate assets to beneficiaries in accordance with the Will (or if there is no will, in accordance with the applicable intestacy laws).

How can DDCS Lawyers help?

We will assist you with:

1. Determining whether it is necessary to apply for a Grant of Probate or Grant of Letters of Administration;

2. Preparing the application for Probate or Letters of Administration including arranging publication of required notices, drafting and filing court documents and communicating with the Supreme Court on your behalf;

3. Dealing with interstate Courts and institutions where assets are held in other jurisdictions;

4. All aspects of administering the estate;

5. Understanding your role and obligations as an executor and your rights and entitlements as a beneficiary.

What sets us apart from other firms?

DDCS Lawyers takes a sensitive and common-sense approach to working with executors towards the efficient administration of deceased estates. We understand that the circumstances surrounding the death of a loved one can be a difficult and confusing time for family and friends, and aim to make things as simple for our clients as we can. We will assist executors in dealing with sophisticated assets or business structures and, together with your tax professionals, ensure that the estate is administered in a tax effective way. We have expertise in dealing with complex probate applications including probate of informal Wills, disputes as to the validity of Wills and grants in solemn form.