Probate in Murwillumbah
Legal Services across Various Matters
Home & Hospital Visits (for eligible clients)
Two Office Locations
Our Probate & Estate Services
Hynes & McCormack provides probate services in Murwillumbah and Cabarita Beach, offering legal guidance to executors and administrators managing a deceased person’s estate.
Probate is the legal process of verifying a will and granting an executor the authority to manage and distribute assets as required under the law. If a person dies without a will, estate administration may be required to determine how assets are allocated.
Our Tweed Coast solicitor, Peter McCormack, assists with preparing probate applications, filing necessary documents with the Supreme Court and addressing legal requirements for estate management. Probate may be needed to access bank accounts, transfer property titles or distribute funds held by financial institutions.
We also provide guidance on estate administration when probate is not required, helping executors understand their legal responsibilities. We can assist on matters such as contested wills, asset distribution and legal obligations for executors.
To discuss probate services or estate administration, contact us at (02) 6672 1333.
Guidance for Executors & Estate Administration
- Applying for Probate – We assist in preparing and lodging probate applications with the Supreme Court. This may include verifying documents, completing necessary paperwork, and addressing court requirements.
- Executor Responsibilities – Executors are responsible for administering the estate according to the will. We provide guidance on legal duties, including asset distribution, settling debts and tax obligations.
- Estate Administration Without a Will – If a person dies without a will, we help administrators navigate intestacy laws to distribute the estate according to legal requirements.
- Handling Contested Estates – Disputes can arise over probate or estate distribution. We assist in cases involving contested wills or estate matters requiring legal resolution.
Frequently Asked Questions
Who is responsible for applying for probate?
The executor named in the will is responsible for applying for probate. If there is no will, the court will appoint an administrator, typically the closest surviving relative. The executor or administrator manages the estate, ensuring all legal obligations are met, debts are settled and assets are distributed according to the law. They may seek legal assistance to navigate complex probate requirements.
What happens if there is no will?
When someone dies without a will, their estate is considered intestate and is distributed according to state or territory intestacy laws.
The court will appoint an administrator (often the next of kin) to manage the estate. The estate is typically divided among surviving family members based on a predetermined formula, which may not align with the deceased’s wishes.
Can probate be contested?
Yes, probate can be contested if someone believes the will is invalid or unfair. Common reasons include allegations of fraud, undue influence, lack of testamentary capacity or improper execution.
Beneficiaries or potential claimants may also challenge the distribution of assets under family provision laws. Contested probate cases can delay the process and may require legal proceedings to resolve disputes.
What happens to outstanding debts during probate?
Outstanding debts must be paid from the estate before distributing assets to beneficiaries. The executor is responsible for identifying and settling liabilities, including mortgages, loans, credit cards and tax obligations.
If the estate does not have enough assets to cover debts, creditors may receive partial repayment based on priority, and beneficiaries may not receive their intended inheritances. Certain debts, such as those tied to jointly owned property, may pass to the surviving owner.
