Estate Administration & Probate

The death of a loved one can be an overwhelming, emotional and busy time, there are many decisions to be made and lots of administration to take care of. So where do you start when it comes to Estate Administration?

The first question to ask is, do you have a copy of their 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.

  • 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

What is Probate?

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.

The process typically includes:

  • Appointing an Executor:

    If the will names an executor, that person is responsible for managing the estate.

  • Gathering Assets:

    The executor or administrator identifies and collects the deceased’s assets, including property, bank accounts, and investments. Some asset holders may require a Grant of Probate before any assets are released.

  • Applying for a Grant of Probate:

    An application to the Supreme Court of NSW must be made which includes the deceased’s original will, the death certificate, a summons for probate, an affidavit from the executor which includes details of the beneficiaries, and an inventory of property and the estate liabilities.

  • Selling Assets:

    Once the Grant of Probate has been issued, the executor can proceed with dealing with the assets which may include selling or transferring the assets.

  • Paying Debts and Liabilities:

    Any outstanding debts and liabilities owed by the deceased must be paid from the estate.

  • Distributing the Estate:

    After all debts and liabilities are paid, the remaining assets are distributed to the beneficiaries as outlined in the will.

Letters of Administration

Letters 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 gives 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.

How we can help

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.