A deceased estate clean-up can be a complex and legally demanding process. Knowing the legal requirements will help ensure a smooth and efficient handling of the deceased person’s assets and belongings.
Whether you are the executor of the will or a family member tasked with this responsibility, following the correct legal requirements will help you navigate through this challenging time and ensure that the deceased person’s estate is managed in accordance with the law.
The Probate Process
Probate refers to the legal process through which a deceased person’s estate is distributed and managed. In Western Australia, the Supreme Court oversees the probate process. When someone passes away, their assets, debts, and liabilities need to be assessed and verified by the court. This involves obtaining a grant of probate, which essentially gives the executor the authority to administer the estate.
The probate process can be time-consuming and complex, often requiring the assistance of a lawyer experienced in estate matters. The deceased estate clean-up in Perth cannot commence until the probate process is complete, as it determines who is legally responsible for managing the deceased person’s affairs.
Identifying and Valuing Assets
This step is crucial in determining the value of the deceased person’s estate and ensuring that all assets are accounted for. Assets can include real estate, vehicles, bank accounts, investments, and personal belongings. It is important to thoroughly search for and document all assets, as this information will be needed for the probate process.
Valuing the assets involves determining their fair market value at the time of the person’s death. This can be done by obtaining appraisals or using other valuation methods. It is important to be thorough and accurate in this process to avoid any legal complications later on.
Distributing the Estate According to the Will or Intestacy Laws
This step ensures that the deceased’s wishes are carried out and that the rightful beneficiaries receive their inheritance. If there is a valid will in place, the assets will be distributed according to the instructions outlined in the document. The executor of the will is responsible for overseeing this process and ensuring that it is done in a fair and legal manner.
On the other hand, if there is no will or if it is deemed invalid, the estate will be distributed according to the intestacy laws of Perth. These laws determine the order of priority for distributing the assets among the deceased’s legal heirs. It is important to seek legal advice to ensure that the distribution process is carried out correctly and in accordance with the applicable laws.
Disposing of Personal Belongings
It is important to be aware of any specific instructions left by the deceased regarding the distribution of their belongings. If there are no specific instructions, you can consider various options. One option is to distribute the belongings among family members and close friends according to their wishes or sentimental value. Another option is to donate the items to charities or organisations that can benefit from them.
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Seeking professional assistance from a deceased estate cleaning service can provide guidance and support throughout this challenging process. Losing a loved one is already painful and traumatic enough for the ones left behind. Going through the legal aspects is another obstacle. It’s best to seek the help of our experts at Kleen Slate Services to clean up your deceased estate professionally. Get in touch today.
