Probate & Estate Admin

Probate and Estate Planning

At Elbob & Stephenson Legal, we understand that planning for the future and managing a loved one’s estate can be complex and emotionally challenging. Our experienced team is here to guide you through every step of the probate and estate planning process, ensuring your wishes are honored and your loved ones are protected.

Estate Administration and Probate

When a loved one passes away, navigating the complexities of estate administration can be overwhelming. At Elbob & Stephenson Legal, we’re here to guide you through this challenging process with expertise and compassion.

Understanding Estate Administration

Estate administration is the process of managing and distributing a deceased person’s assets. This involves:

• Settling outstanding debts
• Distributing assets to beneficiaries
• Managing financial and legal matters
• Resolving potential disputes

Whether there’s a will in place or not, this process requires careful attention to legal requirements and the deceased’s wishes.

Letters of Administration

When someone passes away without a valid will (known as dying “intestate”), the process becomes more complicated. Typically, a family member must apply to the Supreme Court for “letters of administration.” This document is similar to probate, authorizing the appointed administrator to manage and distribute the deceased’s estate.

Will Interpretation and Execution

• Analyzing and explaining will terms
• Guiding executors and trustees on their responsibilities
• Ensuring proper will execution

Asset Management

• Identifying estate assets and liabilities
• Obtaining property valuations
• Collecting financial assets (superannuation, bank funds, shares, etc.)
• Managing property sales or transfers

Debt Settlement

• Addressing mortgages, funeral costs, and other expenses
• Ensuring all estate debts are properly settled

Legal Procedures

• Applying for probate or letters of administration
• Notifying relevant government bodies
• Defending against estate litigation if necessary

Dispute Resolution

• Managing contested wills
• Facilitating family mediation and negotiation
• Representing clients in Supreme Court proceedings if required

Trust Administration

• Advising on family and testamentary trusts
• Managing trust funds