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How does it take to settle a deceased estate? If no one

Customer Question
How long does it...

How long does it take to settle a deceased estate? If no one contests the will

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Yeah NSW

Lawyer's Assistant: What documents or supporting evidence do you have?

My aunty has been dealing with a solicitor who has the will, they are saying they can't find the deed for the house. He told my aunty that he would find it in March but asked her yesterday if she has found it?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How easy would it be to change lawyers now?

Submitted: 10 months ago.Category: Australia Law
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Answered in 8 minutes by:
9/29/2017
Solicitor: John Melis, Lawyer replied 10 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,536
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, in relation to your important question, the normal time frames for estate settlement, that is that distribution of the estate, may occur after 6 months from probate, not before, unless there are special circumstances and the beneficiaries agree to the same. If the estate is a medium size estate, the distribution of the estate should be completed within 12 months. Larger estates may take longer subject to their complexity.

Generally, transmission of assets in a deceased’s estate will require a grant of probate or a grant of letters of administration, which will include a copy of the inventory of property submitted with the legal personal representative’s application for the grant.

Also usually required are the documents which note the deceased's title to the asset, and the required transmission document.
These documents together will be submitted to each asset holder, subject to each of their specific requirements, and will see the transmission to either the legal personal representative, or the beneficiary directly.

Once the grant has been made then, after allowing for the publication of a s 92(1) notice and the expiration of at least six months from the date of death, it is the duty of the administrator to distribute the assets he or she has collected to those entitled to them. If a beneficiary was dependent upon the deceased and is in need of support, then the administrator may not need to wait out the notice periods: see s 92A of the Act.

Before attending to such distribution, the administrator should ensure that the property to be distributed was disclosed to the court in the application for administration: ss 81A and 81B of the Act. However, failure to disclose the property to the court does not affect the interest of a purchaser from the administrator where the purchaser acquired the property in good faith, for valuable consideration and without notice that the property had not been disclosed to the court: s 81(B)(3) of the Act.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back.

Kind regards
John Melis

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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