probate

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Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.
The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner specified in the testator's will. However, through the probate process, a will may be contested.

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  1. J

    NSW SALE AFTER PROBATE IS GRANTED

    Probate of my parents house was granted in August 2020. My sister who is co executor and co beneficiary is going about preparing the house for an end of Oct sale. We have not agreed on agent, inventory, works to be done, etc... There is a 47 yr old history of a house to dismantle and I have been...
  2. L

    QLD affidavit supporting probate application form 105.

    On the Death Certificate for "the cause of death" it is written "progressive severe dementia", but the Will was made 9 years previous when the deceased had full capacity and was without issue, and was signed in front of two JP's at the courthouse. My question is:- On form 105 can I delete clause...
  3. L

    QLD affidavit supporting probate application form 105

    in clause 5 can i completly delete the clause as it does not apply to me as i am the deceased daughter, plus in clause 4 there i s no evidence suggesting lack of testamentery capacity so do i answer clause 4 ? thankyou
  4. J

    NSW Access to property as co-owners

    Probate has just been granted on my mothers house where I have lived for the past 14 years as her carer. My sister and I are equal beneficiaries and executors. Legally, can my sister enter the property, let herself in and remove articles whilst I am not present?. I don't have an issue with...
  5. D

    VIC Estate Distribution without probate

    Hi Estate does not require probate, but wondering if is it recommended to advertise prior to final distribution (as a safe guard being an executor)? Ad's usually done on Supreme Court Vic site, but would this be allowed since probate was not applied for on the site. Or is there another...
  6. M

    NSW Executor denied access to property by caravan park owner before and after probate

    Major caravan park owner continues to deny access to a cabin
  7. D

    VIC Will dispute and Probate messy

    Hi My father has minimal assets/accounts to distribute and should be simple, I am executor. I had been told that probate is not necessary, due to only small furniture left and 2 bank accounts and no house (as went to ex wife immediately upon death due to no settlement done in time). Is probate...
  8. I

    Probate - Estranged Daughter

    Hi, My Dad quite wealthy had a mistress many years when mum was alive and then took up with her upon mums death 15 years ago - he was with the mistress 25 or so years. I have a sister and Dad and the new woman have no kids. My father left 50% of will to my sister 10 % to my 3 kids (when they...
  9. I

    WA Probate asset classification Lease for Life

    I am going throught he joys of trying to do probate myself an have pretty much everything sorted. However I cannot find any clarification if a Lease for Life loan provided to the owner would be classified as a movable or immovable asset given how it is tied to the property. Can anyone confirm...
  10. J

    VIC Probate

    My question is my father passed away just over a year ago my sister and I are the only beneficiaries He died in nsw my uncle is executor His bank account was in Victoria It was not a lot in the estate my uncle engaged a nsw solicitor I asked where was going to probate to receive an email...
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