Do I need a probate lawyer?
The tasks you must complete to manage and finalise the estate will depend very much on the estate’s finances and the deceased’s Will and family circumstances.
Straightforward estates
If the estate is straightforward, and you have time, you can probably carry out most of the necessary work yourself. For example, a straightforward estate might consist of a home, bank account, motor vehicle and a credit card debt, where there is a valid Will appointing an executor and leaving the whole estate to a surviving spouse or the deceased person’s adult children in equal shares.
Even in a straightforward estate, you may choose to engage a probate lawyer to carry out specific or specialised tasks under your direction. For example, probate lawyers can assist with an application for Probate, real estate conveyancing and advice and support in carrying out your duties.
Complex estates
If the estate is complex, you should always seek advice from a probate lawyer. Examples of complex estates include:
- where the deceased person was involved in a business, company, trust or had a self-managed superannuation fund;
- there is no Will;
- the Will is long, complex, unclear or is not signed properly;
- the Will creates ongoing trusts, for example testamentary trusts or life interests; or
- there is family conflict or the potential for conflict;
Generally, lawyers are the best source of advice in the first instance.
