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Process of Securing a Grant of Probate

When a person passes away, his liabilities must be paid and his estate must be dealt with and allocated to the right beneficiaries. If the departed wrote a will, then the executor designated in the Will is the one in charge of administering the estate. But before the executor can fulfill his responsibilities, he may have to make an application for a grant of probate. Probate is the manner of establishing the legitimacy of the Will. The executor will need to tender his application to the court of probate which will verify the power of the executor to accomplish the terms of the will. The grant can be presented to different financial institutions such as banks to collect properties owned by the deceased. Here are some pointers on how to apply for a grant of probate.

There are various documents that have to be submitted to the Court before probate is awarded. These involve the death certificate, affidavit from the executor and the list of the assets and liabilities of the departed. The affidavit should declare the intention of the executor to apply for probate and that there is certainly no apparent reason why probate shouldn’t be granted. Furthermore, it must also mention that the estate shall be managed according to the law.

The lineup of total assets and liabilities must be affixed to the affidavit detailing the assets and liabilities of the deceased during the time of his death. The list is usually broken down into a number of categories like movable properties, immovable properties and unpaid debts. It must also be specified whether the particular assets and debts are found in or out of Australia. The distinction between immovable and movable properties may be complicated and if there are any doubts, it is very important to consult a legal representative.

Typically, immovable properties include land and buildings and everything else is usually regarded as movable. Bank accounts are categorized as movable property. List each and every bank account held by the deceased with the name of the bank, bank account number and the total cash in the account at the day of the deceased’s demise.

Generally, if there are no concerns found in your request, the Probate Court will give you the grant within 3 to 6 weeks. You may also advise the Court in writing if there is any specific reason why your application must be dealt with immediately.

It is important to bear in mind that the application for probate is time consuming and confusing. You must always get legal advice or professional estate administration services when in doubt.

If you are trying to find professional deceased estate administration services in Perth, just visit http://estateadmin.com.au/.

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