Dealing with the loss of a loved one is never easy, and handling their estate can add additional stress and complexity during an already difficult time. At Mahony’s, our experienced probate and estate administration lawyers in Adelaide are here to help guide you through the legal process of managing and distributing a deceased person’s estate. From applying for probate to ensuring assets are distributed in accordance with the will, we ensure the process is handled efficiently and with care.
Probate is the legal process that confirms the validity of a will and grants the executor the authority to manage the estate. If a will is not in place, or if there are disputes, the process can become more complex. Our team provides expert advice and representation to executors, helping you manage the legal, financial, and practical responsibilities of administering the estate.
The Probate Process at Mahony’s
- Initial Consultation and Assessment
Our first step is to assess whether probate is required. Not all estates need probate, particularly if the assets are minimal or jointly owned. However, for larger estates or where banks and other institutions require legal authority to release funds, applying for probate is essential. We help determine whether this step is necessary and guide you through the process. - Applying for Probate
If probate is required, the executor (or next of kin) needs to apply to the Supreme Court of South Australia. This involves submitting the will and other relevant documents to the court. We assist you in preparing the necessary paperwork, including the application for probate, death certificate, and a statement of assets and liabilities. - Administration of the Estate
Once probate is granted, the executor can legally manage the estate. This includes collecting assets, paying debts and taxes, and distributing the remaining estate to the beneficiaries. Our team provides guidance on every aspect of estate administration, ensuring that all legal obligations are met and that the estate is distributed according to the deceased’s wishes. - Finalising the Estate
After all debts and taxes are paid, and the assets have been distributed, the estate can be finalised. We ensure that all beneficiaries receive their entitlements and that the executor has fulfilled their legal duties. This can include providing final accounts to the beneficiaries and closing any remaining financial accounts.
What to Watch Out for During Probate and Estate Administration
- Challenges to the Will: Disputes can arise when someone contests the validity of the will or believes they have been unfairly left out. If there are concerns about the will’s legitimacy or the fairness of the distribution, we can provide legal representation to defend the will or resolve disputes.
- Complex Estates: Estates with significant assets, business interests, or international elements can complicate the probate process. Our team has extensive experience in managing complex estates and ensuring that all assets are correctly identified and distributed.
- Executor Responsibilities: Being an executor is a significant legal responsibility. Executors must act in the best interests of the estate and its beneficiaries, and failure to do so can result in legal consequences. Our team provides clear guidance to ensure executors meet their obligations and avoid legal pitfalls.
- Debts and Taxes: All debts, including outstanding loans, mortgages, and taxes, must be paid before any assets can be distributed to beneficiaries. We help executors manage these financial obligations and ensure compliance with taxation laws, reducing the risk of future legal challenges.
At Mahony’s, we offer clear, compassionate support to help executors and beneficiaries navigate the probate and estate administration process with confidence and care.
Got a question? Ask Mahony’s.
We are here for you. Contact our expert probate lawyers in Adelaide today to ensure the estate administration process is handled smoothly and efficiently.
