Expert Legal Support for Probate and Estate Administration
Losing a loved one is a difficult time, and managing their estate can often be complex and overwhelming. At M de Mestre Lawyers, our experienced probate lawyers on the Northern Beaches provide clear, compassionate legal guidance to help you navigate the probate process smoothly and with confidence.
Whether you are an executor appointed under a will or dealing with intestacy (no will), our team is here to support you every step of the way.
What Is Probate?
Probate is the legal process of validating a deceased person’s will through the Supreme Court. It confirms the executor’s authority to manage the estate, which includes gathering assets, paying debts, and distributing property to beneficiaries as outlined in the will.
If there is no valid will, the court issues letters of administration, allowing an administrator to manage the estate.
Why You Need a Probate Lawyer
Handling probate can be complicated and time-consuming, especially if the estate involves property, businesses, overseas assets, or family disputes. Mistakes can cause delays or personal liability for executors or administrators.
A probate lawyer guides you through this process by:
- Preparing and filing court documents correctly
- Explaining your legal duties as executor or administrator
- Ensuring proper asset distribution and debt settlement
- Handling disputes and potential challenges to the will or estate
- Minimising delays and legal risks
Our Northern Beaches Probate Services
At M de Mestre Lawyers, we provide comprehensive probate legal services, including:
Applying for Probate or Letters of Administration
We prepare and lodge all necessary documents with the court to obtain the legal authority to administer the estate.
Estate Asset Management
We help identify and collect the deceased’s assets, including real estate, bank accounts, shares, and personal property.
Debt and Tax Resolution
We advise on settling debts, taxes, and other liabilities to protect the estate and executor or administrator.
Distribution of Estate Assets
We assist in distributing the estate according to the will or the law when there is no will.
Dispute Resolution
If conflicts arise over the will or estate, we provide strong representation and negotiation support to resolve issues efficiently.
What Are Letters of Administration?
When a person dies without a valid will (intestate), there is no appointed executor to manage their estate. In these cases, a close relative or interested party can apply to the court for Letters of Administration. This legal document grants the applicant authority to act as the estate’s administrator.
The administrator’s role is similar to that of an executor: collecting assets, paying debts, and distributing the estate according to the laws of intestacy, rather than the deceased’s wishes.
Why Choose M de Mestre Lawyers?
At M de Mestre Lawyers, we bring a personalised and compassionate approach to estate planning. Based on the Northern Beaches, we understand the local community and pride ourselves on delivering high-quality legal support that’s both practical and forward-thinking.
Contact a Northern Beaches Probate Lawyer
If you are an executor or administrator needing help with probate, or if you have questions about managing an estate, contact M de Mestre Lawyers today. We provide practical, personalised legal advice to guide you through this challenging time.
- Visit us at 27/90 Mona Vale Road, Warriewood NSW 2102,
- Call us on +61 (02) 9913 1182
- email [email protected],
- book an appointment online to discuss your legal needs.
Probate FAQs
How long does the probate process take?
The probate process typically takes between 4 to 8 weeks once all required documents are submitted. More complex estates or disputes can extend this timeframe.
- Spouses, de facto partners, or former partners
- Children, stepchildren, or grandchildren
- Parents of the deceased or parents of the deceased’s children
- Anyone financially dependent on the deceased
- Carers of the deceased
What happens if there is no will?
If the deceased did not leave a valid will, the estate is distributed according to intestacy laws. The court appoints an administrator through Letters of Administration to manage the estate.
What are the duties of an executor or administrator?
Executors and administrators are responsible for collecting the deceased’s assets, paying debts and taxes, managing estate affairs, and distributing assets according to the will or intestacy laws.
Can probate be avoided?
In some cases, small estates or certain assets can bypass probate through other legal mechanisms. However, many estates require probate to lawfully transfer ownership.
