Deceased estate administration and probate.
Professional help administering a deceased estate.
Assistance to navigate the process with or without a valid Will.
Support with obtaining a Grant of Probate or Letters of Administration.
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15-minute consultation.
Why choose Orman Solicitors in administering a deceased estate?
How the Probate process works
Probate is the legal process of administering a deceased person’s estate. It involves validating the deceased’s will (if one exists) and ensuring that their assets are distributed according to their wishes.
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Mary
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My experience with Orman solicitors has been truly amazing with there professional team of experts. I could not be happier with the outcome off my family law settlement and would highly recommend Orman solicitors for all your legal matters.
Angela Williams
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Great, knowledgeable and supportive staff, they were efficient in getting me a great result. The communication was clear and consistent, when I had queries, they were addressed promptly. Could not recommend more.
Lindsay Wilson
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I’d like to share, my upmost Respect to Ormans Solicitors team members, they had my back, got me through the most difficult times, I was so overwhelmed worrying about everything, would all sort out. I would recommend them out there, they certainly give you the support, comforting, that its all going to be ok. Maggie, and the team are just Amazing. I’d like to Thank, each and every one of them for helping through, with there dedication and outcome certainly was of comfort, Good ending. I was so Happy, I chosen Ormans Solicitors. You are All a Great Team. I will Always be Grateful. Thank you to All of You.
Rose Valenzisi
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“I cannot thank Maggie and her team enough for the flawless way they handled my matter. I felt that Maggie was always completely invested in my matter and everything from the beautiful office to the team’s amazing service made me feel like family. Their commitment to my matter never ceased to amaze me. I would not hesitate to recommend Orman Solicitors.”
Lisa
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When I first approached Maggie I was financially destitute and frightened, my settlement was not going well, I had been dropped by another solicitor because they felt that my case was to difficult and time consuming. Maggie helped me to feel at ease she assured me that I everything would be okay and then she and her staff went to work. She helped me to stay strong when I was ready to give up and just take anything to make the whole mess go away and fought for me to get an amount that was acceptable. I highly recommend Maggie and her team they truly do go above and beyond the call to ensure that their clients get the absolute best result possible.
Shimmer Pender
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Maggie has been my solicitor for a number of years – in all that time, I have found her to be professional, hardworking, honest and respectful. She has shown compassion, empathy and helped my family through the toughest times when we needed it most. I have recommended her to friends and relatives, who have also then gone on to recommend her and her firm.
Helen Gordan
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Empathy, dedication and passion are three words I would use to describe Maggie Orman and her team. Maggie has been my family lawyer for over 10 years and has guided me through many difficult periods of my life, and ensured I came out the other end a stronger woman and mother. Maggie is rational, compassionate and highly ethical. I felt that she truly cared about me, my family and our wellbeing. Maggie’s skilful advice and counsel achieved an incredibly quick resolution, and kept costs to a minimum. I will continue to use Maggie Orman Solicitors for all my family law requirements and highly recommend her to anyone requiring a family lawyer.
Joan Rached
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The Barnett family are very thankful to Maggie and the whole team for doing all the groundwork to get our case a great result. We are very happy with their help and wish to give them credit for their hard work to get our matter up and going.
The Barnett Family
Maggie Orman
Principal
Renata Matyear
Senior Solicitor
Eileen Newcombe
Senior Solicitor
Deceased Estate Administration, Probate & Letters of Administration – FAQ
What are Letters of Administration in the administration of a Deceased Estate?
A Letter of Administration is a legal document granted by the Supreme Court that allows a person (usually a close relative) to manage and distribute the estate of someone who has died intestate.
In some cases, a Court may appoint a neutral third party, like a Solicitor or a professional estate administrator. The Letters of Administration give the appointed administrator the legal authority to:
- Collect and manage assets:
Gather the deceased’s assets, including property, bank accounts, and investments.
- Settle debts:
Pay any outstanding debts and liabilities owed by the estate.
- Distribute the estate:
Distribute the remaining assets to the rightful beneficiaries according to the rules of intestacy.
Without Letters of Administration, banks and other institutions may not allow access to the deceased’s accounts, making it impossible to manage the estate.
What happens if there is no Will and if there is one?
When there is a Will
A Will is a very important legal document, and is a way for the deceased to communicate exactly how they wanted their estate (including financial and personal items) to be distributed between family, friends and/or charities. The executor of the Will is responsible for distributing the person’s assets to the people named in the Will, which happens after any debts are paid.
Before the Will is able to be put into effect, to confirm the validity of the Will, a Grant of Probate is generally required to be obtained from the Supreme Court. Whether or not a Grant of Probate is needed depends on the value of the estate and the type of assets held.
When there is no Will
If the deceased had no Will which is referred to as ‘dying intestate’, or there is a Will but no appointed executor, the process can be even more difficult and will require an application for Letters of Administration from the Supreme Court.
If the deceased did not have a valid Will, intestate succession laws will determine how their assets are distributed. This is enforced by the Supreme Court of NSW and generally follows the following hierarchy.
- Spouse
- Children
- Parents
- Brothers and sisters
- Grandparents
- Aunts and uncles
- First cousins
How long does the executor have to distribute the estate?
Executors generally have 12 months from the date of death to distribute the estate. This timeframe is known as the “executor’s year.” However, delays can occur if there are disputes, tax issues, or complex assets involved.
Are the assets frozen after death?
Yes, assets held solely in the deceased’s name are usually frozen until probate or letters of administration are granted. Jointly held assets, however, generally pass directly to the surviving co-owner and are not subject to probate.
How can a lawyer help with Probate and Letters of Administration?
Navigating Probate or the Letters of Administration process can be complex and time-consuming, especially when you’re grieving. We can provide valuable assistance by:
- Handling legal paperwork: We will take care of the necessary legal documents, ensuring everything is filed correctly and on time.
- Managing the estate: We can help coordinate and value the estate’s assets, settle debts, and distribute the assets to beneficiaries.
- Resolving disputes: If disputes arise, such as challenges to the will or disagreements among beneficiaries, we can mediate and resolve these issues efficiently.
Engaging a solicitor to manage the Estate Administration process can help ease your burden, ensuring that the estate is handled efficiently and in accordance with the law. With professional guidance, you can have peace of mind knowing that your loved one’s wishes are being honoured.
If you’ve recently lost a loved one and need assistance with the Estate Administration process, our compassionate and experienced solicitors are here to help.
Contact us today for a consultation to discuss how we can support you during this difficult time.
What is an executor, and what are their duties?
An executor is appointed by the Will to manage the deceased’s estate. Their duties include, locating the Will, applying for probate, gathering assets, paying debts, and distributing the estate according to the Will. Executors must act in the best interests of the beneficiaries and handle the estate promptly and transparently.
Will I need to file a tax return for the deceased?
Yes, the executor is responsible for lodging a final tax return for the deceased, which includes income earned up to the date of death. Additionally, the estate itself may require a separate tax return for income earned during the administration period.
What if I don’t want to act as the executor?
If you prefer not to act as executor, you can renounce your role by signing a renunciation form. This allows another appointed executor or eligible person to take over the administration duties.