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How do I go about probate after the death of a person who…

Customer Question
How do I go...

How do I go about probate after the death of a person who has died without a will. the only small amount of money would be in hospitality super. 2 surviving children. 20 and 17. would any money go to them first or to pay outstanding bills owing.

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?

Very little we are searching all the places she worked.

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

I have been hanging on to legal aid for 10 mins . should I hang up and just speak with you

Submitted: 2 months ago.Category: Australia Law
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Answered in 45 minutes by:
4/3/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,577
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Morning,

you will need to obtain what is called letters of administration.

It is not a simple process and if the person has left assets in Victoria such as real estate, you are best to have a solicitor assist you in the process. There will be enquiries that will need to be done solicitors in the area and also the public trustee to search And confirm that the deceased did not leave a will.

You will also need to do an application with the Registry of births deaths and marriages to confirm that the deceased only had the 2 children that you refer to.

Once this is done it you can then commence the process of preparing the application to the Supreme Court for letters of administration.

You would then attach all the relevant information and once the court is satisfied it would grant letters of administration.

The following link is the do-it-yourself kit from the Supreme Court of Victoria

https://www.supremecourt.vic.gov.au/forms-fees-and-services/wills-and-probate/probate-forms/letters-of-administrationintestacy-form-kit

As mentioned you our best to have a solicitor assist you in doing the work as it is not a simple task.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

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. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Solicitor: Leon, Solicitor replied 1 month ago

Good Morning

I am following up my last post.

If there is anything further I can assist you with please let me know.

I look forward to hearing form you

Regards

Leon

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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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