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Once Probate has been granted can the executor delay the…

Customer Question
Once Probate has been...

Once Probate has been granted can the executor delay the distribution of the estate to beneficiaries?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

New South Wales

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

Grant of Probate

Submitted: 7 months ago.Category: Australia Law
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Answered in 1 hour by:
12/29/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,934
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Afternoon

My apology for the delay I was on a flight overseas and was not able to log on until now.

Once probate is granted they have to then write to all banks etc and collect the assets,

Once that has occurred then in NSW they have to advertise that they will be distributing. The advertisement is for 1 month. This is a minimum period.

Also they should not be distributing until 6 months has passed since the death of the testator as they will be liable if anyone comes and makes a claim

But they cannot distribute immediately once probate has been granted as they have to advertise after they have collected all assets. The distribution also happens after all debts are paid.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Solicitor: Leon, Solicitor replied 6 months ago

Good Evening

I am following up my last post.
Is there anything else I can assist you with, if so please let mw know.

Regards

Leon

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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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