Probates
With over 40 years of industry experience and 19 years serving the Penrith community, we are fully aware of how difficult it is to manage an estate after the loss of a loved one.
The thing is the probate process is necessary to guarantee all the assets of the deceased are distributed according to their wishes. With this necessity comes complexity, such as legal paperwork, figuring out how to validate a will, or even trying to settle assets without a plan.
It’s important to have a trusted lawyer standing right behind you when facing these challenges! At Michael Atkinson & Associates, we are your allies, your emotional partners, and confidants who will make this process as easy and stress-free for you as possible!
Grant of Probate
When a valid will is present, obtaining a Grant of Probate is imperative for administering the estate. This document will legally authorise the executor to carry out the deceased’s wishes. But, without legal help, this situation might be intimidating to deal with.
We help executors:
Preparing and lodging probate applications with the Supreme Court
Make sure the will meets all the legal requirements to be valid
Let us help you move through the process happily, knowing your estate will be governed faithfully and without unnecessary delays.
Letters of Administration
If a loved one passes away without a valid will (intestate), managing their estate requires Letters of Administration. This process can feel confusing, but we’re here to guide you through it every step of the way.
Our team helps administrators by:
- Streamlining the application process to secure Letters of Administration
- Clarifying your legal responsibilities and obligations
- Assisting with the lawful distribution of the deceased’s assets
We understand how difficult this time can be and work to make the process as smooth as possible, providing both professional support and genuine care.
How Does It Work?
At Michael Atkinson & Associates, we follow a clear and structured approach to guide you through the probate process. Our goal is to simplify the estate administration process, and minimize stress.
Step 1: Initial Consultation
We start with a detailed discussion to understand your situation. Our team of lawyers will explain the legal steps involved, identify potential challenges, and develop a personalized plan to move forward regardless of whether there is a valid will or not.
Step 2: Preparing the Application
For cases with a valid will, we prepare and lodge the application for a Grant of Probate with the Supreme Court. In the absence of a valid will, we assist with the application for Letters of Administration. As part of this process, all necessary documents, including the death certificate as well as an inventory of assets and liabilities, must be gathered.
Step 3: Legal Compliance and Validation
Our team is dedicated to ensuring all legal requirements are met. For a Grant of Probate, we validate the will to comply with legal requirements. In intestate cases, we verify the rightful administrator and follow applicable laws.
Step 4: Estate Administration
Once the probate or administration is granted, we guide executors or administrators in fulfilling their duties. This includes:
- Paying outstanding debts and taxes
- Distributing assets to beneficiaries in line with the will or intestacy laws
- Resolving any disputes or complications that may arise during the process
Step 5: Addressing Challenges (If Necessary)
Our team at Michael Atkinson & Associates is here to assist you on this journey.
If conflicts or claims arise, such as contested wills or disagreements between beneficiaries, we provide strategic advice and representation. Our goal is to resolve issues efficiently without adversely affecting your interests, whether through negotiations or litigation.
At every stage of the process, we provide clarity and support, so that your loved one’s estate is handled with precision, care, and professionalism.
Why Choose Us?
With over 40 years of legal experience, we understand the intricacies of Construction Law, Wills & Estate and Disputes, Probate and the specific challenges faced by our community in Penrith and beyond.
Over 40 Years of Experience
Specialised in Building Construction Disputes & Wills Disputes
High-Quality Detailed Legal Advice & Personalized Service
Affordable Prices That
Won’t Break the
Bank
Proud Member
of the Law Society of NSW and Nepean Hawkesbury Law Society
Our Probate Team Can Help!
The probate process doesn’t have to add stress to an already difficult time. At Michael Atkinson & Associates, our goal is to simplify it for you, providing you with dependable support, clear guidance, and a seamless transition.
Contact Us At (02) 4721 0610FAQ's
You need probate to validate the deceased’s will and ensure that the estate is managed according to their wishes. It’s the court process that officially appoints the executor, settles debts, and ensures assets are distributed to the beneficiaries. Without probate, there’s no clear legal process for confirming the executor’s authority or handling the estate.
Another term for probate is estate administration. It essentially refers to the whole process of managing and distributing the deceased’s estate, either through formal court proceedings or through a simpler, informal process, depending on the circumstances.
Generally, any assets solely owned by the deceased and not designated to a beneficiary will pass through probate. This includes real estate, bank accounts, and personal property not jointly held or placed in a trust. Assets like jointly owned property or life insurance policies that name a beneficiary typically don’t go through probate.