Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Can we sell the house?

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
qak View Drop Down
Newbie
Newbie


Joined: 10/July/2017
Location: Australia
Posts: 3
  Quote qak Quote  Post ReplyReply Direct Link To This Post Topic: Can we sell the house?
    Posted: 10/July/2017 at 11:57
My father recently passed away and to date we have not located a Will. We are still searching, but we know that we will have to get either Probate or Letters of Administration. There are only two children and we agree on 50/50 unless we find a Will that is different.

As Dad was in a nursing home, we were about to put his house up for sale by auction, but we had not signed an agreement with any agent.

Can we still proceed with the house sale now or do we need to wait until the whole Probate/LofA is dealt with - or is there some point in that process at which the sale can be done?

AussieLegal View Drop Down
Admin Group
Admin Group
Avatar
Site Administrator

Joined: 20/May/2005
Location: Australia
Posts: 171
  Quote AussieLegal Quote  Post ReplyReply Direct Link To This Post Posted: 10/July/2017 at 12:43
Hi qak.

Before you can complete the sale of the real estate or get access to your father's bank accounts (or any other asset) one or both of the children will need to be appointed administrators of the estate. This assumes that your father had no wife or de facto spouse at the time of his death. You and/or your sibling then become personally responsible for the administration of the estate. You will not be able to settle the sale of the real estate until the Court has issued the grant of letters of administration. You can place the property on the market and advertise it, but the contract for the sale will need to be conditional on the issue of the grant.

Get on with the application for letters of admin. A buyer is likely to be put off if there is some question as to the application process. You do not have to go through a solicitor to do this. You can make a 'personal application' which is much quicker and much less expensive.

You will have to make the application at some time. Choose the quickest and least expensive option.

Call AussieLegal on 1300 728 200 as we offer this alternative paralegal service.

AussieLegal operates this forum with the substantial and invaluable assistance of our volunteer moderators without whom it could not be done. Apologies for suggesting paid services as part of the reply.

Mark, CEO
AussieLegal

qak View Drop Down
Newbie
Newbie


Joined: 10/July/2017
Location: Australia
Posts: 3
  Quote qak Quote  Post ReplyReply Direct Link To This Post Posted: 10/July/2017 at 12:50
Thanks for the quick reply - I assume I need to wait for the death certificate before I can start any process? I have the medical one but not the one from Births Deaths and Marriages yet.

I have left a call in to one other financial institution who may or may not have (or help) re whether they have a Will.

His finances are pretty organised - do you have any idea about timeframes?

AussieLegal View Drop Down
Admin Group
Admin Group
Avatar
Site Administrator

Joined: 20/May/2005
Location: Australia
Posts: 171
  Quote AussieLegal Quote  Post ReplyReply Direct Link To This Post Posted: 10/July/2017 at 12:54
You can start the process now, but you cannot file the application until the death certificate (or interim death certificate) has been issued which is typically 3 weeks from the date of the funeral.

In what State did your father live? That will determine a realistic time frame.

qak View Drop Down
Newbie
Newbie


Joined: 10/July/2017
Location: Australia
Posts: 3
  Quote qak Quote  Post ReplyReply Direct Link To This Post Posted: 10/July/2017 at 12:57
In NSW ... and what happens if I start the process for Letters of Admin and a Will turns up?

AussieLegal View Drop Down
Admin Group
Admin Group
Avatar
Site Administrator

Joined: 20/May/2005
Location: Australia
Posts: 171
  Quote AussieLegal Quote  Post ReplyReply Direct Link To This Post Posted: 10/July/2017 at 13:37
In NSW, you must wait 14 days from the date of posting your intention to apply for LoA on the onlineregisty/LawLink website. One submitted, the Probate Registry takes about 2 weeks to process your application. They will then issue the grant and send it by post. Allow a week for this! Total time is about 5 weeks plus time to prepare (10 days).

If you find a will after you start the process, the application can be switched from LoA to probate. There is no problem at all.

If a will turns up after you have filed your application, you must inform the Court and withdraw your previous application. The re-apply for probate.

If you have already been issued with a great of LoA, you must still inform the Court. The Registrar of Probates will then determine what the applicants must do to meet the requirements of the Court.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.