DECEASED ESTATE LAWYERS IN SYDNEY

An executor is the person appointed to manage the estate of a deceased person when there is a Will. If there is no Will or no named executor, the role is filled by an administrator. Executors and administrators are responsible for managing the estate, following the wishes outlined in the Will, or, if there is no Will, distributing the estate according to legal rules.

This role carries legal obligations. You must act in the best interests of the estate, ensuring that debts are settled and assets are distributed to the correct beneficiaries.

If you have been named as an executor for a loved one, remember that this is an act of trust and respect. The deceased chose you for this important responsibility, and fulfilling these duties is a meaningful way to honour their wishes and your relationship with them.

Whether a grant of probate or letters of administration is required depends on the size and nature of the estate.

Probate is a formal order issued by the Supreme Court. It confirms that a Will is valid and serves as the final Will of the deceased person. This order grants the executor the legal authority to manage the estate, including selling assets, collecting funds, and distributing the estate to the beneficiaries as outlined in the Will.

The probate process ensures that the executor can carry out their duties with the court's approval, providing legal clarity and protection during the administration of the estate.

A Grant of Letters of Administration is a legal document issued by the Court. It authorises a nominated person, called the administrator, to manage and distribute the assets of a deceased person. This grant is necessary when there is no Will, or when there is a Will but no executor is available to fulfil the role.

The document gives the administrator the legal authority to settle debts, collect assets, and distribute the estate according to the laws of intestacy or as directed by the Court. This process ensures the estate is handled lawfully and fairly.

If a person passes away without a Will, the distribution of their estate is governed by legislation, commonly referred to as “the rules of intestacy.” These rules establish a hierarchy for inheritance, starting with the spouse or domestic partner, followed by children, parents, siblings, and other relatives in a specific order. This process ensures the estate is distributed systematically in the absence of a Will.

Most estates are expected to be finalised within 12 months of the person’s passing. This includes all tasks performed by the executor or administrator, such as distributing assets to beneficiaries. However, the process may take longer if the Will is contested, involves trusts, or includes special provisions. 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.