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A deceased person’s estate is usually administered by the
executor named in the will or appointed by the Supreme Court.
Only approximately 5% -10% of all wills go to probate. In
general probate is only sought when a bank or other institution
requires formal proof of the executor’s right to administer the
will. If there is no requirement for probate, no copy of the
will needs to be kept. However, copies of individual wills may
sometimes be found in private hands or amongst the records of
individual solicitors or executors.
Probate is the legal process of administering the estate of a
deceased person by resolving all claims and distributing the
deceased person's property under the valid will. A surrogate
court decides the validity of a testator's will. A probate
interprets the instructions of the deceased, decides the
executor as the personal representative of the estate, and
adjudicates the interests of heirs and other parties who may
have claims against the estate.
Where to now?
Speak to the Estate Lawyers
Often the best way to get the answers you need is to speak to
the Estate Lawyers.
Click here to contact one
of our Estate Lawyers via our contact form or please call us on
1300 368 255.
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