The passing of a parent is emotionally overwhelming. Besides arranging the funeral, it is important to gather key documents such as the death certificate, identification documents, property titles, bank account information, and any Will left by the deceased. Seeking proper legal advice early can help avoid delays and ensure the estate is administered correctly.
Family members are not entitled to withdraw funds simply because they are the children or the next-of-kin. A Grant of Probate or Letter of Administration may be required before the estate can be dealt with. Understanding the necessary legal requirements early prevent families from acting out of power.
Many families assume that a property automatically belongs to the children after a parent's passing. NOPE. Until the proper authority is obtained, the property generally cannot be transferred or sold. This often becomes an issue when there is a ready buyer or urgent financial needs.
A Grant of Probate is generally required when the deceased left a valid Will and appointed an executor to manage the estate. The executor applies to the court to obtain legal authority to administer the estate. A Letter of Administration, on the other hand, is typically required when the deceased did not leave a Will or where there is no executor able to act.
Straightforward probate matters can proceed relatively smooth, even if the estate of deceased involve multiple properties or business interests. Lawyers who understand the process and requirements are usually in a better position to deliver results accordingly. We estimate a time-frame of 1 to 2 months to complete the application process from the day papers are file at Court.