An executor is the person named in a Will to carry out the process of finalising the estate. If there is no Will, or the named executor is unable to act, the Court may appoint someone to take on this role as an administrator. Both positions involve gathering assets, paying off any debts, and distributing property according to the Will or the legal rules of inheritance. Taking on this responsibility means you have been entrusted to see through someone’s final wishes. It’s a role that involves both legal and administrative duties.

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

A formal grant is often required when the estate includes significant assets such as property, large bank balances, or superannuation. Smaller estates may sometimes be handled without this step, but many institutions will request a Court-issued grant before releasing funds or transferring ownership.

Probate is a legal document issued by the Supreme Court that confirms the Will is valid and allows the executor to act on behalf of the estate. It gives access to funds, permission to sell or transfer property, and authority to distribute assets according to the Will.

Expertise

Deceased Estate Probate

Deceased Estate Lawyers Heathcote

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Deceased Estate Probate Specialists

We help executors carry out the necessary steps to finalise a deceased estate. From preparing documents to managing asset distribution, we assist throughout the process so that everything is completed properly and without unnecessary delays.

Comprehensive Range of Services

Our services cover all aspects of probate. This includes drafting and submitting applications, contacting banks and superannuation funds, transferring or selling property, and arranging for the estate to be distributed in line with the Will.

Readily Accessible

We provide probate services to individuals and families across Heathcote and nearby suburbs, offering practical help during what can often be a difficult time.

Tailored Legal Solutions

No two estates are the same. We take the time to understand what is involved and handle the process with focus and professionalism from beginning to end.

Here To Help

Finalising a deceased estate can be difficult, especially during a period of loss. We work closely with executors to help manage the formal steps involved in probate, making the process clearer and more manageable from the start through to completion.

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Wills & Estate Planning

Area of Expertise

How Can Our Heathcote Estate Planning Lawyers Help?

Executors are responsible for making sure a person’s final wishes are carried out correctly. This includes verifying the Will, collecting estate assets, and overseeing the lawful distribution of property and funds.

We assist with key tasks such as:

Contacting banks, superannuation providers and other institutions
Preparing and filing probate applications with the NSW Supreme Court
Addressing any claims brought against the estate
Coordinating the sale or transfer of property, shares or investments
Liaising with accountants or advisors regarding tax and stamp duty
Managing the final distribution in accordance with the Will

Estate administration often involves legal requirements, financial paperwork, and communication with multiple parties. Our role is to take the pressure off, keep things on track, and help resolve any issues that may arise along the way.

If you have been appointed as an executor and need assistance at any stage, we are ready to help you move forward.

Frequently Asked Questions

What is an executor?

An executor is the person named in a Will to carry out the process of finalising the estate. If there is no Will, or the named executor is unable to act, the Court may appoint someone to take on this role as an administrator. Both positions involve gathering assets, paying off any debts, and distributing property according to the Will or the legal rules of inheritance.

Taking on this responsibility means you have been entrusted to see through someone’s final wishes. It’s a role that involves both legal and administrative duties.
What factors influence the need for a grant of probate or letters of administration?

A formal grant is often required when the estate includes significant assets such as property, large bank balances, or superannuation. Smaller estates may sometimes be handled without this step, but many institutions will request a Court-issued grant before releasing funds or transferring ownership.
What is a probate?

Probate is a legal document issued by the Supreme Court that confirms the Will is valid and allows the executor to act on behalf of the estate. It gives access to funds, permission to sell or transfer property, and authority to distribute assets according to the Will.

What is a grant of Letters of Administration?

If there is no valid Will, or if no executor is available, someone close to the deceased can apply to the Court for letters of administration. This grant allows them to manage the estate and carry out tasks such as paying liabilities and distributing assets according to the laws of intestacy.
What if the deceased person has no Will?

When a person passes away without a Will, their estate is divided based on a legal order set out in intestacy law. This usually starts with a spouse or de facto partner, then children, parents, and other family members. A family member or other eligible person will still need to apply to manage the estate.
How long do Wills take to process?
Most estates are completed within 12 months from the date of death. This timeline includes applying for probate or letters of administration, settling debts, and distributing assets. Some situations may take longer, especially when:
- Property needs to be sold or transferred
- The Will is disputed
- Beneficiaries are hard to locate
- Ongoing interests like a right to reside are involved
- Trusts need to be established
Each estate is different, and timing depends on what is involved in carrying out the full administration process.