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Once a deceased estate has been granted probate what is the…

Customer Question
Once a deceased estate...

Once a deceased estate has been granted probate what is the process to administer said estate to beneficienaries and what timeframe is involved please.

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

Victoria

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

Solicitor has all required documents needed. He has sId it is now another 6 months until finalised. Is this correct?

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

My brother and myself are both. Beneficienaries but we live in Queensland

Submitted: 4 months ago.Category: Australia Law
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Customer reply replied 4 months ago
Once a deceased estate has Been the granted probate what is the process to administer said estate to beneficiaries and what timeframe is involved.
The solicitor in Victoria has all supporting documents required but has said it will still take 6 months from now. My brother and myself are both beneficiaries but we live in Queensland.M
Answered in 1 hour by:
3/20/2018
Solicitor: John Melis, Lawyer replied 4 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,327
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 4 months ago

do you also have a copy of the will ?

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Solicitor: John Melis, Lawyer replied 4 months ago

the appointed lawyer is correct. Once probate os granted there is a 6 month period before the estate can be distributed to the beneficiaries

This 6 month period is in aid of calling in all the assets of the estate and allow time for any part to make a claim against the estate itself, whether being creditor or a person seeking family provision.

The personal representative can make a distribution to the spouse, domestic partner or children of a deceased in order to provide for the maintenance, support or education of that person provided that that person was either totally or partly dependant on the deceased immediately before the date of death: s 99A(1) of the Administration and Probate Act. The distribution can be made before the expiration of six months from the date of the grant of representation

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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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