Creating a will is a somewhat easy task, you hire a lawyer who guides you through the process. You choose your executor, write your wishes in your will, and that’s it.
After that, you only need to make changes if your life is changing significantly, like getting divorced or buying a new asset.
But the real task starts after the person passes away, the executor must take responsibility for fulfilling the deceased person’s wishes.
The entire process can be pretty hectic for executors because they just can’t start doing things as they wish. First, they need to file a probate petition in the court.
A Grant of Probate is issued by the Supreme Court of South Australia, which provides the right of the executor listed in the deceased’s will to administer the Estate in accordance with the terms of the will.
This is where the role of Probate Lawyer Adelaide comes in. They are the experts who will guide you through every little detail and ease the burden of the executor.
Let’s understand their role in detail.
What is the Role of a Probate Lawyer?
Probate attorneys, also referred to as estate or succession attorneys, support executors of estates—or “administrators” in the absence of a will—in overseeing the probate procedure.
They might also help with estate administration and offer executors or administrators advice on how to carry out their responsibilities.
Let’s see What are the Duties of a Probate Lawyer:
A probate lawyer will typically do the following roles:
Document Preparation and Filing: Following a person’s death, an executor is left with a great deal of responsibility. And it might be difficult for the executor to balance their personal lives and the excessive amount of paperwork.
This is why executors usually hire a probate lawyer. After receiving instructions from the executor, the attorney will need to draft and file the appropriate documents for the probate process. This includes preparing to submit the application for a Grant of Probate, filing it with the Victoria Supreme Court, and making sure all supporting documents conform to legal criteria.
Asset Management: Probate lawyers play a crucial role in identifying, gathering, valuing, and managing the deceased’s assets. They handle both physical and financial assets and work to protect them throughout the probate process.
Debt Settlement: All of the deceased’s debts and taxes must be settled before beneficiaries can start receiving their inheritances. This task can be emotionally taxing for those already grieving. A probate lawyer assists by identifying creditors, notifying them of the death, and settling these debts using the estate’s assets.
Estate Distribution: Once all debts are settled, the remaining assets are distributed to the beneficiaries according to the will’s instructions. A probate lawyer ensures that the executor carries out this distribution in compliance with the will’s terms and legal regulations.
Dispute Resolution: In cases where a will is contested, there are disputes among beneficiaries, and executor, the situation can get worse and cause delay. But a probate lawyer can be a savior here for both parties by providing legal advice, mediation, and court representation.
Other Estate Services: The role of a probate lawyer can also extend beyond just the probate process. They can also help draft agreements between beneficiaries and executors if an agreement has been reached to vary the gifts given in the will. A probate lawyer can also assist with drafting and updating estate planning documents like wills and trusts, provide advice on tax implications, and assist in administrating trusts.
Summary: Legal documents can be challenging to manage, especially for someone who has no prior experience handling the legal documents.
But getting expert assistance can solve your problems, so contact our experts at Jackson Legal now to hire the best Solicitors in Adelaide.