Probate & Estate Lawyers
When someone passes away, their estate must be managed in accordance with the law and, where applicable, in accordance with their will. This process often involves applying for probate, administering the estate, and ensuring assets are distributed correctly. For families already coping with loss, the legal requirements can feel daunting and complex.
Our probate lawyers in Adelaide provide clear advice, practical solutions, and compassionate guidance, ensuring the process is handled efficiently and with care. Whether you are an executor, beneficiary, or family member, we’re here to help you through every stage with confidence.
Probate is the legal process that takes place after someone passes away to ensure their estate is properly managed and distributed. In South Australia, this usually involves applying to the Supreme Court for official recognition of who has the authority to deal with the deceased’s assets.
There are two main types of Court grants:
Grant of Probate – if the deceased left a valid Will, the Court confirms the appointment of the Executor named in the Will.
Grant of Letters of Administration – if there is no Will, or the Executor cannot act, the Court appoints an Administrator to manage the estate.
Both types of grants give the Legal Personal Representative the power to collect assets, pay debts and taxes, and distribute what remains to the rightful beneficiaries. Whether an application is required depends on the nature and value of the estate, as well as the types of assets involved.
We know that dealing with the loss of a loved one is never easy, and the added responsibility of handling an estate can feel overwhelming. Our team is here to guide you through the process—from preparing and lodging the application with the Supreme Court, to ensuring the estate is administered efficiently and in accordance with the law.
Our Probate & Estate Services
We understand that every family and every estate is different. Our role is to make the process as straightforward and stress-free as possible while ensuring everything is handled with professionalism and care.
Our experienced probate lawyers in Adelaide can assist with:
- Applying for Probate by preparing and lodging the necessary documents with the Supreme Court of South Australia.
- Letters of Administration when there is no valid will or the named executor cannot act.
- Estate Administration to help executors collect assets, pay debts, and distribute the estate according to the law.
- Executor & Beneficiary Advice to guide you through your rights and responsibilities during the process.
- Resolving Estate Disputes by providing practical solutions if disagreements arise among family members or beneficiaries.
Frequently Asked Questions
What is probate, and when is it required?
Probate is the process of the Supreme Court confirming the appointment of the Legal Personal Representative (i.e. the Executor) and that the person(s) has the legal authority to administer the deceased’s assets and estate. In South Australia, it is often required before banks, the Lands Titles Office, or other institutions will release assets such as property or significant funds. If there is no Will, or the Executor cannot act, a Grant of Letters of Administration may be needed instead. Our Adelaide probate lawyers can guide you through the process with care and efficiency.
How long does the probate process take in South Australia?
The time frame varies depending on the complexity of the estate, but most applications take several weeks from lodgement to approval. Our team of probate and estate lawyers will keep you informed at every stage and work to ensure the process is as smooth as possible.
What happens if there is no will?
If someone dies without a valid will, their estate is distributed according to South Australian intestacy laws. In these cases, an application for Letters of Administration may be required. We can assist you with preparing and lodging this application.
What does an executor need to do?
An executor is responsible for collecting assets, paying debts, and distributing the estate in accordance with the will. This may also involve applying for probate. Our team provides clear advice and practical assistance to help executors carry out their responsibilities confidently.
Why choose Mahony’s Lawyers for probate and estate matters?
With over 47 years of experience, Mahony’s Lawyers is trusted across South Australia for guiding families through both simple and complex estate matters. Our probate and estate lawyers provide professional expertise with compassion, ensuring your loved one’s estate is managed with care.
