Suite 19 / 15 Cochranes Rd, Moorabbin
reception@purcell-law.com.au
(03) 9521 0060
Probate & Estate Administration
Estate Administration and Probate are legal processes that deal with the management and distribution of a deceased person’s assets. These processes ensure that their wishes are honoured, debts are settled, and the estate is distributed according to law. At Peter R Purcell & Associates, we work with you to navigate through an extremely difficult time, with expert legal advice and a compassionate manner.
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Estate Administration: Estate administration begins after a person’s death and involves managing and settling the deceased's estate. This includes:
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- Inventory and Valuation: Identifying and valuing all assets owned by the deceased, such as real estate, bank accounts, investments, personal property, and any other valuables.
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- Debt Settlement: Paying off any outstanding debts, taxes, and expenses related to the estate.
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- Distribution: Distributing the remaining assets to the heirs or beneficiaries as outlined in the will or, if there is no will, according to state intestacy laws.
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Probate: Probate is the legal process that validates a deceased person’s will and ensures its proper execution. The probate process includes:
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- Application for a Grant of Probate: Submitting the will to the court to confirm its validity. The court checks that the will meets legal requirements and is the last will and testament of the deceased.
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- Asset Management: The executor or administrator manages the estate’s assets, which involves collecting and safeguarding them during the probate process.
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- Debt and Tax Payments: Ensuring that any debts and taxes are paid from the estate’s assets.
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- Distribution of Assets: Distributing the remaining assets to the beneficiaries as specified in the will or according to state laws if there is no will.
Probate can be a time-consuming and sometimes complex process, depending on the size of the estate and the presence of any disputes or challenges. However, it is crucial for ensuring that a deceased person’s wishes are honoured and that the estate is managed in an orderly manner.
Estate administration and probate are designed to provide a structured way to handle a person’s affairs after their death, offering clarity and legal protection for all parties involved. At Peter R Purcell & Associates, we are here to guide you in that most difficult time following the loss of a loved one.
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We are here to help. Contact our office on 03 9521 0060