Thread: All about wills
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Old 08-05-2023, 08:33 PM
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OzEclipse (Joe Cali)
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Join Date: Jun 2012
Location: '34 South' Young Hilltops LGA, Australia
Posts: 1,486
Leon,

The executor needs to obtain probate through the supreme court in order to execute the will. This can take quite some time. The solicitor needs to advertise in multiple locations specified in the inheritance act for the state where the will was made then wait for any objections or claims against the estate. get queued for the probate to be approved and granted. It is the executors choice when to start the process.

My parents died within a short time of each other. My brother and I were co-executors, and equal beneficiaries. No other children or benficiaries. There were no arguments between us, nor counter claims by others. It was as simple as it comes, yet it took us a full year after dad died to obtain probate, liquidate and disperse the estate. We had a particularly incompetent lawyer who lost the original copy of the will (required for probate) for several months. If I recall, we didn't even engage the lawyer to obtain probate until 3 months after his death.

Sorting out the house contents was like peeling the layers of our life back. My brother and I shed lots of tears. If the executor is one of her children, be patient. It's an emotionally exhausting process.

Joe
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