A Grant of Probate is an order of the Supreme Court saying that the Will is valid and that the executor has the right to administer the estate. Most assets cannot be transferred to the beneficiaries without a Grant of Probate.
Baldock Stacy & Niven can assist you in applying for a Grant of Probate by administering the requirements in the process.
On your behalf we will
advertise the application in a prescribed form in a local newspaper.
lodge a formal application with the Court with an affidavit containing
some details about the Will
some details about the deceased
details of the assets and liabilities of the deceased
details of the beneficiaries
Once probate has been granted, the executor collects the deceased’s assets and take steps to pay the funeral and administration expenses and any debts which the deceased owed. Baldock Stacy & Niven can do this on your behalf.
The Supreme Court regulates the costs of the legal work required for a grant of Probate by the court. Costs are on a sliding scale and are based on the value of the estate.
When all of the assets have been identified, and all debts have been paid, and the executor has published a second notice requiring anybody with a claim against the estate to provide particulars, the remainder of the estate can be distributed to the beneficiaries.
A Grant of Probate usually takes about 12 weeks and distribution of the estate normally is completed within 4 to 6 months.
The Estate Planning team at Baldock Stacy & Niven can inform you in detail about your responsibilities and assist you to complete your duties as an executor.