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Estate Administration and Probate involve essential legal procedures to manage a deceased person’s estate. These processes grant the executor or administrator the legal authority to handle the estate according to the deceased’s wishes or the laws of intestacy. Complying with legal obligations is crucial during this time.
In Queensland, estate administration and probate matters fall under the jurisdiction of the Supreme Court. Disputes over Will validity, asset distribution, or other issues may involve court intervention. To protect your legal rights and ensure an efficient process, it’s essential to seek advice from an experienced law firm specialising in Estate Administration and Probate matters.
Throughout the process, strict compliance with legal requirements is essential. This includes tax filings, payment and maintaining accurate records of all transactions and communications.
For expert advice in Estate Administration and Probate matters, we recommend contacting Arcuri Turnbull Law. Our experienced team ensures an effective and efficient process, meeting all legal requirements and obligations.
At Arcuri Turnbull Law, your individual and business legal needs are our top priority, both in the present and throughout your lifetime. We collaborate, partnering with you to ensure your rights and that of your loved ones are protected.
Our team of professional advisers understands your needs, offering valuable insights. With decades of experience as estate administration lawyers on the Gold Coast, we seek the best legal solutions for everyone involved.
At Arcuri Turnbull Law, we are driven by fairness, kindness and knowledge. We seek the right solutions to the heart of your matter. Our dedicated professionals are passionate about providing compassionate and courteous service with a client-centric focus.
Let us assist you. Contact our dedicated wills & estate lawyers at Arcuri Turnbull Law.
In Queensland, your estate will be distributed in accordance with the Succession Act Qld 1981. It will be necessary for your next of kin to apply for Letters of Administration of your Estate. This process is similar to obtaining Probate.
In Queensland, your estate will first go to your next of kin, which is your spouse or de facto partner, and issue (children, grandchildren).
An administrator of an estate is responsible for managing and settling the estate of a deceased person who did not leave a valid will (intestate). The administrator’s duties include collecting and valuing all the assets of the estate, paying debts and taxes, and distributing the remaining assets to the entitled beneficiaries according to the laws of intestacy. This role requires a high degree of trust and diligence to ensure that all legal, financial, and tax obligations are met throughout the process.
An administrator is typically appointed by the Supreme Court and is often a close relative of the deceased. If no family members are willing or able to act as the administrator, the court may appoint a trusted person such as a close friend or a professional like a solicitor. The court seeks to appoint someone who is capable of managing the estate efficiently and impartially.
Yes, an administrator of an estate can be removed under certain circumstances. This can happen if the administrator fails to perform their duties competently, acts against the interests of the beneficiaries, or breaches their fiduciary duties. Beneficiaries or other interested parties can apply to the Supreme Court for the removal of an administrator, providing evidence of the administrator’s misconduct or incapacity to manage the estate effectively. The court then decides whether removal is justified and, if so, may appoint a new administrator to take over the responsibilities.
In Queensland, there is no fixed timeline for settling an estate as the duration can vary significantly depending on the complexity of the estate. However, there is a general expectation that estates should be settled within 12 months of the deceased’s death, known as the ‘executor’s year.’ This timeframe allows the administrator sufficient time to collect and value all assets, settle debts, and distribute the remaining assets. Complex estates, such as those involving disputes, multiple properties, or assets in different jurisdictions, may take longer to settle. Administrators are expected to proceed without unreasonable delay, and beneficiaries can seek court intervention if they believe the administration is being handled inefficiently or improperly.
Our team of Gold Coast-based lawyers are accessible and approachable. Down-to-earth and practical solutions are at the foundation of what we do. Allow us to simplify the legal process and jargon to provide you with real-world solutions that bring genuine peace of mind.
