Probate and Deceased Estate

It is the most difficult time of our lives, when a loved one such as parent, partner, a child or sibling or a close friend has died. It is a complicated and daunting task to navigate the overly complex area of the law related to a deceased estate and personally administer the estate.

At DHLMC, we are here to assist you with the Application for Probate and administration of the estate in a cost and time efficient manner. A deceased estate administration process involves multiple stages from ascertaining the value of the assets and liabilities and collating the necessary documents to lodging the Application for Probate and subsequently calling in all assets, payment of liabilities and distribution of the estate to beneficiaries. Our lawyer Dawood has represented many clients in respect to an application for Probate to the Supreme Court of South Australia and has obtained probate and subsequently assisted executors with calling in the assets and distribution of the estate to beneficiaries. In addition to his professional approach and expertise in the area of deceased estate, Dawood brings passion and compassion in assisting
his clients.

We offer the following services.

Advise you generally about your duties as executor/administrator
Represent you to the Court to apply and obtain Letters of Administration;
Complete relevant forms and documents and liaise with relevant institutions to release the assets into our trust account;
Liaise with your accountant in respect to estate and date of death taxation matters;
Pay liabilities of the estate from the estate funds
Liaise with beneficiaries and ensure that the estate is distributed to them pursuant to the terms of the Will or intestacy law if there is no will;

Probate

If your loved one died leaving her/his last will and testament and you are one of the executors in the will, depending on the nature and value of assets such as bank account balances, you may be required to apply to the Court to obtain Probate before you can deal with the estate

Letter of Administration

If your loved one died without a will, his/her estate will be dealt with pursuant to intestacy laws set out in Succession Act 2023 in South Australia. Depending on the nature of your relationship with the deceased, you may be entitled to a share of the estate and apply to the Court to administer his/her estate. Depending on the nature and value of the estate, you may be required to apply to the Court to obtain Letters of Administration to deal with the assets.

Frequently asked questions

I am the executor named in the will who lives interstate, the deceased died in South Australia leaving assets, can I apply for Probate in a South Australian court?

Yes, depending on the nature and value of the assets, you may be required to apply for Probate to the Supreme Court of South Australia in its Testamentary Causes Jurisdiction to deal with the assets.

Please contact us today to find out how we can help you.

I have recently lost a family member by death, and I am the only executor who lives in South Australia, can I be the applicant for Probate?

Yes, depending on circumstances of each case, one of the executors with the same level of priorities may apply for Probate and leave reserved for other executors to apply should they wish to do so in future.

Please contact us today to find out how we can help you.

I have recently lost a family member by death and I am the only executor named in the will who lives outside Australia, do I need to be present in Australia to apply for Probate?

When an executor lives outside Australia, there will be number of issues such as estate taxation and how to be represented in dealing the Court arises.

Please contact us to find out how we can help you.

What documents do I need to bring in the initial appointment?

We suggest, if available, please bring our next appointment the originals of your identity documents and death certificate and a list of all assets and liabilities.