Deceased Estates & Probate
How can we help you with Estate Administration?
If you have been appointed as an executor of an estate or are dealing with the loss of somebody close to you, who has not left a will, we can advise you of your rights and obligations and how best to proceed to have the estate administered. We can also guide you through each stage of the estate administration process.
We can assist with:
- Applying for probate or letters of administration;
- A special or limited grant of letters of administration;
- Explaining the role of an executor or administrator and the duties and obligations involved in the administration of a deceased estate;
- Collecting assets, paying liabilities, publishing notices and distributing the estate;
- Filing of accounts and claims for commission;
- Advice about how distributions of assets under a will or intestacy can be altered by preparing a deed of family arrangement;
- Estate disputes and claims made against the estate;
Probate and Letters of Administration
Before dealing with estate assets, an executor appointed under a will may need to apply to the Supreme Court of New South Wales for a grant of probate. Probate “proves” the will of the deceased and authorises the executor to distribute the deceased’s assets according to the will.
In the case of an intestate estate (where the deceased died without a will) an interested person (usually the next of kin) will need to apply to the court for a grant of letters of administration.
Applying for probate or letters of administration requires the careful preparation of the relevant applications and supporting documents. These are filed with the Supreme Court together with the relevant filing fee. Notice of the intention to apply for probate or administration must be given prior to filing the application.
Where there is no dispute over the will or regarding the applicant for the grant of probate or letters of administration, the application proceeds on an uncontested basis.
Administering an Estate
Once probate or letters of administration is granted, the executor or administrator can gather the deceased’s assets and administer the estate according to the will or the laws of intestacy. If there is no will, the deceased’s assets are distributed according to a prescribed formula set out in the legislation relevant to that jurisdiction.
Before distributing property to beneficiaries, an executor or administrator must pay the debts of the estate, including funeral and administrative expenses. Depending on the type of assets in the estate, they may need to safeguard income, invest money not currently required, and insure property. The tax implications on the sale or transfer of assets may also need to be considered.
If you are an executor or administrator, it is a good idea to get some legal advice on what you need to do and any steps you should take to maximise the value of assets. This may be particularly important in circumstances where there is an estate dispute or family provision claim resulting in a delay before the distribution of the balance of any property to beneficiaries.
What if there is a dispute over the estate?
Unfortunately, not all deceased estates can be administered without a dispute between family members, executors, beneficiaries, or would-be beneficiaries. This can be a confronting time, particularly for executors and administrators who have specific legal responsibilities in carrying out their role. If you are an executor or administrator facing an estate dispute or family provision claim, you should obtain legal advice.
If you need assistance, contact in*********@es***.au or call 0451 530 877 for a no-obligation discussion and for expert legal advice.