Probate
Are
you the executor of a Will? 
We
can;
- Attend to investigations for discovering all assets held by the
deceased
- Attend to establishing the value of the assets as at the date of
death
- Preparation of documents to obtain Probate
- Obtaining Grant of Probate
- Distribution and/or sale of assets as appropriate.
Your only job will be to sign documents where necessary after we
have explained them to you.
Probate:
Frequently asked questions
What is Probate?
Probate is a certificate from the Supreme Court which officially
recognises the executor named in the Will.
What is the role of the Executor?
Discovers details of assets and liabilities.
Applies to the Supreme Court Probate Office for a certificate of
Probate.
Arranges for asset holders to relinquish assets and pays debts and
taxes.
Distributes the estate to the beneficiaries named in the Will.
Does the Executor need to apply for
Probate?
This usually depends on how the assets are held. Real estate, for
instance, is usually held in joint names, in which case probate is
not required. If the deceased held real estate as a sole proprietor
or as a "tenant in common" then Probate is required for transfer.
Other assets besides real estate follow similar rules. Some
financial institutions demand probate before relinquishing assets.
Do I need to go through a
solicitor?
Though it is not mandatory for an executor to obtain probate through
a solicitor, it is usually the least painful method. The probate
office requires up to a dozen different documents and many protocols
to be adhered to. A solicitor will be able to navigate this
complicated system with ease and ensure compliance with legal
requirements are met.
How much are solicitor’s fees to
obtain probate?
Fee’s vary widely amongst solicitors. They usually range between
$1,000 to $3,500
plus
disbursements
.
Disbursements
such as
advertising, application and lodging fees are usually less than
$400.
Your investigations will show Prompt
Legal Services to be the most competitive on the market.