Probate & Letter of Administration
Probate
Probate is the legal process that validates a deceased person's will, allowing their estate to be managed and distributed according to their direction or wishes. This process includes settling debts and ensuring all assets are transferred to the rightful people named in the Will (called beneficiaries).
Letters of Administration
Letters of Administration are legal documents granted by the High Court when a person dies without a valid will (intestate). This process allows for the proper management and distribution of the deceased’s estate according to the law, more specifically, the Administration Act 1969.
Please see below for some frequently asked questions regarding Probate and Letters of Administration
FAQ's
What is an Executor?
If you have been appointed as an executor, you are the person appointed in a will who will carry out the instructions of the deceased. An executor is responsible for managing the estate, including filing for probate, paying debts, and distributing assets. Most people have never done this before so will look for guidance from a professional who is familiar with the process.
Who Can Act as an Executor?
Generally, an executor can be a family member, friend, or a professional, such as a lawyer. They should be trustworthy and capable of handling the financial, emotional and legal responsibilities involved in managing the estate.
How Long Does It Take?
The probate process can vary in duration, typically taking anywhere from several months to over a year, depending on the complexity of the estate and any potential disputes that could be made under various legislation. Our team can help streamline this process and keep you informed every step of the way if you have been appointed as an executor. If you need assistance with probate, our Auckland law firm is here to support you through this challenging time.
What is an Administrator?
An administrator is the person appointed by the High Court to manage the estate in the absence of a will. Their role is similar to that of an executor, responsible for gathering assets, settling debts, and distributing the remaining estate to beneficiaries.
Who Can Act as an Administrator?
An administrator is typically the deceased’s close family member. The priority of an administrator is set out in the Administration Act. This could end up being a family member that you are no longer close to or, if there are no suitable family members, the Court may appoint a professional, like a lawyer, to take on this responsibility.
How Long Does It Take?
The timeline for obtaining Letters of Administration can vary. The process usually takes several months, and in any event is longer and more costly than Probate as there are additional searches and documents to be prepared as part of the application. Once again, the complexity of the estate and any legal requirements will also have a bearing on how long it will take to finalise an estate that requires Letters of Administration.
Meet Deeanah Winders
If you're looking for a friendly, easy to talk to lawyer that gives simple, practical advice then get in touch for a free 15-minute chat over the phone to see how we can work together.
I can help you get on top of your family trust, wills, enduring powers of attorney or elder law matters (like buying an occupation right agreement at a retirement village, advising on capacity issues or eligibility for a rest home subsidy... don't get rid of that trust just yet!)