What is Probate and What are the Main Duties of Probate Lawyers?

Probate is the legal process which determines the recipients of a deceased estate, as well as what bills are to be paid from the estate. During probate, the Court appoints a personal representative who is given legal authority to administer the estate. Probate lawyers in Melbourne file a probate petition to appoint someone as personal representatives.

Personal Representatives

A personal representative is in effect a trustee to the beneficiaries and heirs of an estate. They have a duty of care to the beneficiaries and heirs and must look after the interests of those involved. These interests cannot conflict with their own personal interests.

A probate lawyer will also handle all of your other Court proceedings.

The probate lawyers request a Court order authorizing and directing the personal representative to distribute property according to the will, or for the estate if there is no will.

Other Associated Duties

Other duties that probate lawyers in Melbourne may perform include handling a secondary probate if any property is owned in other states. Legal issues can also arise which your probate lawyer can handle for you. These include payment of annuities or receiving payment for life insurance claims.

Court Appearances by Probate Lawyers in Melbourne

Although a paralegal can help with probate matters, they must be a licensed lawyer or solicitor to appear in Court on your behalf. Probate lawyers in Melbourne and other areas of Australia are constantly updated with legislation changes regarding probate and so are fully equipped to deal with such matters.

A probate lawyer needs to provide a full account of what the executor has done during their term as a personal representative. The accounting side of probate can be quite complex. Probate lawyers outline the accounting breakdown. In more complex cases a specialized accounting firm is hired to deal with the accounting aspect of the probate.

For more information on probates and probate law, contact us at Eugenia Mitrakas& Co, Lawyers and Notary Melbourne.