Executors or Administrators are responsible for the gathering and distribution of your assets upon your death. This can often be a sudden and confusing burden in a time of emotional turmoil.
We at NQ Legal are happy to help ease that burden. If you have been appointed the executor or administrator of an estate we work with (and for) you, allowing you to do as much or as little of the work as you would like.
On your death your executor will have to call in all of your assets in order to distribute the proceeds to your beneficiaries. If you die leaving a Will and substantial assets you executor may not be able to call in or transfer all of your assets until he or she has applied to the Supreme Court for the approval and authentication of your Will.
This procedure is known as “obtaining Probate.”
Obtaining Probate will help satisfy the banks, insurers, government agencies and other bodies holding assets on your behalf that your Will is your last Will and has been properly executed. This will increase the likelihood that they will release your assets to your executor for distribution.
Letter of Administration
Letters of Administration are required where a person has died without a Will (otherwise known as dying “intestate”) or where the nominated executor of the Will is for any reason unable to perform their duties.
Where the deceased has not left a Will the administrators are usually relatives of the deceased entitled to a portion of the estate in accordance with Queensland intestacy laws. Where the deceased has left a Will but no executor capable of its execution, the administrators will normally be beneficiaries nominated under the Will.
The tasks of obtaining Probate or Letters of Administration are similar and equally complex. Candidates for Probate or Administration are required to advertise in selected publications, adhere to strict time limits, and apply to the Supreme Court in the prescribed form. Only if wholly satisfied with the application will the Court issue documents of Probate or Administration to the candidate.
The experienced and friendly solicitors of NQ Legal can assist you in obtaining Probate or Letters of Administration. To book an initial interview with one of our solicitors telephone (07) 4721 0488 or visit our fees page for pricing information.
Please contact us to find out more or to discuss our fixed fees and disbursements.
Probate Will | Letter of Administration