Probate

Probate is a certificate granted by the Probate Division of the Supreme Court of South Australia to the effect that the will of a deceased person has been proved and registered in the Court and that administration of the deceased’s effects has been granted to the executor, he or she having first sworn faithfully to administer them and to exhibit a true inventory and render a just account when called on.

It is not always necessary for an executor to obtain Probate if the deceased’s estate is limited or if all assets were owned jointly with another person.  It will be necessary to apply to the Court for Probate where the estate comprises real estate solely in the deceased’s name or where the deceased left shares or significant sums in bank accounts.  We would be pleased to advise you whether Probate is required to distribute the estate.

It is not a requirement that a lawyer represent the executor however the format of the documentation required by the Court is complex.  A lawyer can ensure the correct preparation and presentation of the documents which usually comprise Probate, Executor’s Oath, Affidavit of Assets and Liabilities and Registar’s Certificates for assets of the estate.

At Beger & Co we can advise you in relation to all aspects of estate administration and attend to preparation of the documentation necessary to obtain Probate.  Our involvement in administration of an estate can be as limited or extensive as you choose.

Please Contact us on 8362 6400 or email us should you have any questions or if we may be of assistance to you.