Legal services > Probate
Probate Lawyers
Probate lawyers can transform a daunting legal challenge into a manageable process.
Kind legal support during times of loss
Losing a loved one is deeply challenging, and facing the legal procedures that follow can add to the emotional strain. We specialise in providing both warmth and professional care through our probate services. Our probate lawyers will manage every legal detail—validating wills, overseeing estates, handling assets, settling debts, and ensuring the correct distribution according to your loved ones’ wishes. Our approach is to simplify these processes for you, offering support and peace of mind so you can concentrate on the well-being of yourself and your family.
Why work with a probate solicitor?
The decision to involve a probate lawyer can transform a daunting legal challenge into a manageable process. Here’s why:
- Expert legal guidance: Probate involves numerous legal details that require precise handling. Our probate lawyer Fedela, is well-versed in the nuances of probate law and will provide you with clear, informed guidance tailored to your unique circumstances.
- Streamlined processes: With years of experience, our team can navigate probate proceedings efficiently, minimising delays and freeing you from the burden of complex legal concerns.
- Assured compliance and peace of mind: Dealing with an estate is sensitive and can lead to potential disputes. Our professional oversight ensures that all legal aspects are handled correctly, reducing the likelihood of conflicts and providing reassurance to all parties involved.
The probate process explained
The probate process can seem intricate, but understanding its steps can provide clarity and ease some of your concerns. Here’s how we help at each stage:
- Initial review and will validation: The process begins with a thorough review and validation of the will, confirming its authenticity.
- Inventory and appraisal of estate: We’ll then compile a comprehensive inventory of all estate assets and conduct appraisals to ascertain their value.
- Debt settlement and financial obligations: Our team manages the settlement of debts and other financial obligations, ensuring that all claims against the estate are settled fairly and following the law.
- Distribution and closure: Once all debts are settled, we facilitate the distribution of assets as stipulated in the will, overseeing the transfer of ownership and ensuring that each beneficiary receives their share.
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Meet our probate clerk
Introducing Fedela Liuzzi, our esteemed Senior Law Clerk, who has been a pivotal part of the APS team since 2018. Specialising in both probate and conveyancing services, Fedela brings a wealth of expertise and a comforting presence to every case she handles. Choosing Fedela as your Probate Clerk ensures that you’re in trusted hands throughout the entire probate process. During these emotionally demanding times, she is dedicated to making everything as straightforward and seamless as possible, so that you feel fully supported from start to finish.
Probate FAQs
What is probate?
Probate is the official process by which a deceased person’s will is proved in a court of law and accepted as a valid public document that is the true last testament of the deceased.
How does probate work?
It involves several steps including proving the validity of the will, cataloguing the deceased’s assets, settling debts, and distributing the remaining estate according to the will or the law if there is no will.
Do all wills have to go through probate in Australia?
Not necessarily. The need for probate depends on the types of assets involved and their values. Smaller estates or those without significant real property may not require formal probate.
How do I know if I need probate?
Determining the need for probate depends on factors like the estate’s size and complexity, and the nature of the assets. Consulting with a probate lawyer is the best way to understand the requirements of your specific situation.
How do I apply for probate?
Applying for probate involves submitting the deceased’s will and a detailed application to the probate court. Our team can assist you with every step, ensuring all documentation is completed accurately.
What documents do I need for probate?
Essential documents for probate include the original will, death certificate, detailed list of assets, and any debts. Our solicitors can guide you through the documentation process, ensuring nothing is overlooked.
We’re here to help you
Reach us from 9:00am until 5:00pm weekdays