DECEASED ESTATE LAWYERS IN SHELLHARBOUR

An executor is the person named in a Will to oversee the administration of a deceased person’s estate. When no Will exists or the named executor cannot act, a court-appointed administrator steps into this role. Both are responsible for managing the estate, settling debts, and transferring assets in line with either the Will or relevant legal rules.

This role carries important legal duties. Executors must act responsibly, handle financial matters properly, and distribute the estate to those entitled under the Will or legislation.

If you’ve been appointed as an executor, it reflects a high level of trust. The decision to name you speaks to the person’s confidence in your judgment and reliability. Fulfilling this role can be both a legal task and a personal tribute to your relationship with the deceased.

Whether probate or letters of administration are required often depends on the type and value of assets held in the estate. Property, significant cash holdings, and certain investments typically require formal authority before they can be transferred or sold.

Probate is a legal order issued by the Supreme Court that recognises a Will as valid and authorises the executor to deal with the estate. It provides the executor with the right to access and manage bank accounts, sell property, pay debts, and distribute assets according to the Will.

This process adds legal clarity and protection, allowing the executor to proceed confidently with the estate’s administration.

Letters of Administration are issued by the Court when someone dies without a valid Will, or when the executor is unable or unwilling to act. The person granted this authority is known as the administrator.

This legal document gives the administrator power to gather and distribute assets, settle outstanding liabilities, and manage the estate under the rules of intestacy or court direction. It ensures the estate is handled properly and in accordance with the law.

If no Will exists, the estate is distributed under intestacy laws. These rules set out a priority list, typically starting with the spouse or de facto partner, followed by children, then other family members such as parents or siblings.

This structured process is designed to provide fairness, but it may not reflect the personal wishes of the deceased, which is why having a Will is so important.

Most estates are completed within 12 months from the date of death. This includes applying for probate or administration, collecting and managing assets, paying debts, and distributing what remains to beneficiaries. However, complications such as challenges to the Will, complex assets, or trusts may extend the timeframe.

The timeframe can also be influenced by factors such as:

• Assets held in the estate
• Whether the property is to be transferred or sold
• Whether the Will is contested
• Locating beneficiaries
• Whether any life interests (such as rights of residence) have been granted
• Whether any trusts are to be established.