When a person dies, they will usually leave behind assets and debts that need to be managed and finalised. Where the deceased leaves a will, then the estate is usually managed by the executor (or executors) named in the will. The executor’s role begins upon the passing of the deceased. A probate lawyer will ensure the process is undertaken via the correct channels and the team at Parkes offers comprehensive, sympathetic, professional assistance.
Probate is a legal document that certifies a will is valid and can be acted upon.
Wills and Probate in Victoria
Probate is obtained by applying to the Supreme Court of Victoria. Parke Lawyers can assist executors by preparing all documents required to apply for a grant of probate, including the Originating Motion for a Grant of Probate, the Affidavit of the Executor and necessary exhibits, the Inventory of Assets and Liabilities, the Affidavit of Publication and Searches and necessary exhibits, together with the Order of the Registrar and the probate parchment.
Who can apply for probate?
To apply for probate you need to be the Executor of the Will. The executor may also appoint a lawyer who can apply for probate on their behalf. Once the process is complete, Parke Lawyers can assist executors by either assuming responsibility for administering the estate or by providing specialist advice and services required by the executor. The administration process brings into effect the wishes of the deceased and ensures that tax returns are completed and lodged, debts are paid, and all estate assets are distributed appropriately.