Administration of Deceased Estate

The phrase ‘deceased estate’ refers to the assets (and the debts) that a person leaves behind after they die. The process of managing a deceased estate – that is, settling the debts and distributing the assets – is called estate administration. Complex issues can arise during this process, and it can be a difficult time, particularly when grieving the loss of a loved one.

If the deceased person left a Will, the executor needs to step in and manage that person’s affair, liaise with various other parties, and distribute property according to the terms of the Will. For family members who have lost somebody who did not leave a Will, the process can become even more complicated.

Information for Executors

When someone dies, one of the first steps is to obtain the original Will of the deceased and the Death Certificate. The Will usually nominates one or more people to act as executors of the deceased person’s estate. Sometimes an executor is appointed to act alone, while in other cases the deceased may have appointed multiple executors to work cooperatively. The executor/s are often also the main beneficiaries of the estate.

The executor’s primary responsibility is to faithfully fulfil the terms of the deceased’s Will. This includes ensuring that the deceased’s property is looked after so it can be distributed to the beneficiaries as outlined in the Will.

Before administering an estate, the executor may need to obtain a grant of probate from the Supreme Court. A grant of probate is usually required before a third party (such as a bank) will release an asset of the estate. Probate ‘proves’ the Will of the deceased person and authorises the executor to deal with the estate assets and distribute them according to the Will.

Sometimes, it is not possible to follow the deceased’s Will (such as when the debts of the estate exceed the assets), and in such cases, an executor has the power and obligation to discharge these debts at the expense of delivering bequests. An executor also has the power to overrule the terms of the Will if necessary to settle a claim against the estate, such as from a testator’s family maintenance claim. This can be a challenging process which is why many executors choose to retain the services of an experienced lawyer to help them navigate the complexities of administering an estate and dealing with potential disputes.

What if there is no Will?

When a person dies without leaving a valid Will, they die intestate. A family member will usually need to apply to the Supreme Court for letters of administration before the estate can be dealt with and finalised. The deceased’s property is distributed according to a set formula prescribed by legislation.

How can we help?

Dealing with a deceased estate can be extremely challenging. Executors and administrators are often faced with issues that are beyond their areas of expertise and that arise at one of the most difficult times of their lives. They will need to navigate legal jargon, file court documents, liaise with beneficiaries and other parties, and deal with potential family disputes.

We can help no matter what the circumstances and whether the estate left behind is simple or complex. We will explain your duties as executor/administrator and guide you through the process of administering the estate as efficiently as possible. Should additional challenges arise, such as estate disputes or third-party claims, we will provide expert guidance and advice to manage these issues.

If you need assistance, contact [email protected] or call 03 9741 3777.