An executor is the person named in a Will to carry out the administration of the estate. If there is no Will, or no executor available, the Court may appoint someone to act as an administrator instead. Both roles involve managing the estate, paying debts, and distributing assets in line with either the Will or the legal rules of inheritance. If you have been asked to take on this responsibility, it means the person trusted you to carry out their final wishes. It is a role that comes with legal obligations and should be approached with care and attention.

What factors influence the need for a grant of probate or letters of administration?

Whether you need a formal grant depends on what assets are held in the estate. In some cases, smaller estates can be managed without one. However, when the estate includes property, large bank accounts, or superannuation, a grant is usually required to access and manage those assets.

Probate is an official Court document that confirms a Will is valid and gives the executor legal authority to act. It allows the executor to access funds, transfer or sell property, and distribute the estate to the beneficiaries named in the Will.

Expertise

Deceased Estate Probate

DECEASED ESTATE LAWYERS ENGADINE

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Deceased Estate Probate Specialists

We assist executors with the steps involved in applying for probate, managing estate assets, and completing the administration process from start to finish.

Comprehensive Range of Services

Our work includes preparing and lodging probate applications, communicating with banks and financial institutions, collecting and distributing assets, and addressing any issues that may arise along the way.

Readily Accessible

We offer probate services to clients in Engadine and surrounding areas, making it easier to get support during a challenging time.

Tailored Legal Solutions

Every estate is different. We take the time to understand the situation and manage the process with the care and attention it deserves.

Here To Help

Managing a deceased estate often comes at a time of grief, making the process feel even more overwhelming. We assist executors with carrying out the formal steps involved in probate, helping ensure that everything is completed properly so that the estate can be administered according to the person’s final wishes.

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Wills & Estate Planning

Area of Expertise

How Can Our Engadine Estate Planning Lawyers Help?

The role of an executor carries significant responsibility. From confirming the Will to dealing with financial institutions and distributing assets, there are several important steps that must be followed.

We help with all aspects of administering a deceased estate, including:

Communicating with banks, super funds and other asset holders
Preparing the required documents to apply for probate through the NSW Supreme Court
Responding to any claims made against the estate
Coordinating the sale or transfer of shares, property or other assets
Working alongside financial advisors to address tax or stamp duty matters
Managing the distribution of the estate in line with the Will

Finalising an estate can be complex and time-consuming, especially when legal paperwork and family expectations are involved. We focus on streamlining the process so that everything is completed with care, accuracy and minimal stress.

If you are managing a deceased estate and need help with any step of the process, get in touch to speak with our team.

Frequently Asked Questions

What is an executor?

An executor is the person named in a Will to carry out the administration of the estate. If there is no Will, or no executor available, the Court may appoint someone to act as an administrator instead. Both roles involve managing the estate, paying debts, and distributing assets in line with either the Will or the legal rules of inheritance.

If you have been asked to take on this responsibility, it means the person trusted you to carry out their final wishes. It is a role that comes with legal obligations and should be approached with care and attention.
What factors influence the need for a grant of probate or letters of administration?

Whether you need a formal grant depends on what assets are held in the estate. In some cases, smaller estates can be managed without one. However, when the estate includes property, large bank accounts, or superannuation, a grant is usually required to access and manage those assets.
What is a probate?

Probate is an official Court document that confirms a Will is valid and gives the executor legal authority to act. It allows the executor to access funds, transfer or sell property, and distribute the estate to the beneficiaries named in the Will.

What is a grant of Letters of Administration?

If there is no valid Will or no available executor, someone will need to apply for a grant of letters of administration. This document gives them the legal power to manage and finalise the estate. The person applying is usually a close family member or someone with a legal interest in the estate.
What if the deceased person has no Will?

If someone dies without leaving a Will, the estate is divided based on legal rules known as intestacy laws. These laws set out a specific order of inheritance, starting with a spouse or partner, followed by children, parents, siblings, and then extended relatives. The process still requires someone to step in and apply to manage the estate.
How long do Wills take to process?
In most cases, the estate should be finalised within a year from the date of death. This includes applying for probate or letters of administration, paying debts, and distributing assets. Some estates may take longer if there are complications, such as:
- Real estate to be sold or transferred
- A Will being challenged
- Difficulty locating beneficiaries
- Life interests granted to certain individuals
- Trusts that need to be set up or managed
Timeframes vary depending on the estate’s structure and the steps required to complete administration properly.