Probate Lawyer Sydney

Trusted Probate Lawyer in Sydney

If you’re looking for a probate lawyer in Sydney, A.S. Laumberg offers compassionate, experienced legal support to help you navigate the process with confidence. A.S. Laumberg is here to guide you through each step, making what can be a difficult time as stress-free as possible.

Our Probate Services Include:

  • Grant of Probate: For estates where the deceased has left a valid Will, assistance is provided in obtaining the Grant of Probate, which allows the Executor to manage and distribute the estate according to the Will’s instructions.
  • Applying for Letters of Administration: If the deceased passed away without a Will, support is offered in applying for a Grant of Letters of Administration, enabling the appointed Administrator to manage and distribute the estate.
  • Will Disputes: In cases of challenges to the validity of the Will or disputes between beneficiaries, representation is provided to protect interests and work towards a resolution.
  • Estate Administration: From notifying relevant organisations to ensuring all assets are distributed in accordance with the Will, every detail is handled, including the settlement of debts, taxes, and expenses, leading to the final distribution of the estate.
  • Probate Application Process: All aspects of the probate application are taken care of, from filing the application with the court to advertising the intention to apply and preparing all necessary documents.

Applying for Probate

Applying for probate is a crucial step in the administration of a deceased estate. The process involves legally confirming the validity of the deceased’s will and granting the executor the authority to manage and distribute the estate.

1. Document Preparation

The necessary documents, including the will, death certificate, and application for probate, will be prepared. Additional documents such as affidavits or notices may be required depending on the specific circumstances.

2. Submitting the Application

Once the documents are ready, they will be submitted to the Supreme Court for review. The court will assess the application and ensure that all legal requirements are met.

3. Court Review and Decision

The court will examine the application, and if everything is in order, a Grant of Probate will be issued. This officially authorizes the executor to begin managing the estate.

4. Post-Probate Steps

Once the Grant of Probate is issued, the executor can proceed with the administration of the estate, including asset distribution, settling debts, and paying taxes.

Step-by-Step Probate Process

1.Initial Consultation

The first step involves understanding your situation and providing clear, actionable advice on the best course of action.

2. Probate Application

All necessary documents will be prepared, including the application for probate and the required advertisements.

3. Filing with the Court

After approval of the documents, they will be filed with the Supreme Court, and guidance will be provided throughout the waiting period.

4. Grant of Probate

Once the court approves the application, the Grant of Probate will be issued, allowing the estate to begin the distribution process.

5. Estate Distribution

The executor will carry out the distribution of the estate, settling any debts and paying applicable taxes before distributing the assets.

Contact Us Today for Expert Probate Assistance

If you need help navigating the probate process, call us at +61 2 9371 7243 or contact us through our online form. We offer a free initial consultation to discuss your needs.

Probate FAQs

What is Probate?

Probate is the legal process that validates a Will and gives the Executor the authority to distribute the deceased’s estate according to their wishes.

Do I need to apply for Probate?

In most cases, the Executor must apply for Probate to legally manage and distribute the estate. Certain assets, such as bank accounts or property, require Probate before they can be transferred.

How long does the probate process take?

The typical time frame for processing a Probate application is between 3 to 4 weeks, though the total time may be longer if complications arise.

What is the cost of Probate?

The cost of obtaining Probate includes the Supreme Court filing fee, publication fees, and our professional fees. A.S. Laumberg offers transparent, fixed pricing.

Latest News

What is Testamentary Capacity When Making a Will?

In order for a will to be valid the person who makes the will (the testator) must have testamentary capacity. If there are doubts about the testamentary capacity, the will can be challenged in a court. For a testator to have testamentary capacity, that person must:...

read more

Be Careful When Leaving Gifts to Charities in Your Will

It is not unusual for a person to want to leave a substantial gift to one or more of their favourite charities in a Will. However, should you wish to do so, care should be taken to ensure that your intentions can be carried out or that your gift will not lead to legal...

read more

How Can You Get to See a Person’s Will?

For those wondering if they are mentioned in another person's will, you are not entitled to see someone's will while that person is still alive. But what if the individual has passed away? Potential beneficiaries and others are often interested to ascertain the terms...

read more

Superannuation Death Benefits and Deceased Estates

Many people are not aware that a person's superannuation is not an asset of that person's estate when he or she dies. Upon the death of the superannuation fund member, the fund will pay a death benefit, which can be a considerable amount of money, to either a person...

read more

What is an Informal Will?

Most people are familiar with a will being a written document that sets out how a person would like the assets of their estate distributed after their death and which must comply with certain formal requirements such as it must be signed by the will-maker in the...

read more

Latest Articles

Considerations Before Entering into a Commercial Lease

Before signing a lease of commercial premises to conduct your business, there a numbers of matters that should be taken into account. After all, a lease represents a serious financial commitment and entering into one without due diligence can lead to undesired and...

read more

Are Lease Heads of Agreement Binding?

It is common practice for a letting agent to prepare a Heads of Agreement ("HOA") to be entered into by a landlord and a prospective tenant before a lease of retail or commercial premises is signed. The document sets out the basic terms of the lease including the...

read more

What to Know about Personal Guarantees

There are many situations in everyday life where you may be called upon to sign a personal guarantee. Some people will sign one without giving it much thought. But what are they and what are the consequences? A personal guarantee is a promise by an individual to...

read more

Entering into a Retail Lease

Whether you are the owner of a retail shop or an incoming tenant, it is good to know what is involved in the leasing process so that the owner can get paid rent and the tenant can make income from a thriving business as quickly as possible! Any proposed lease of a...

read more