Deceased estates and Probate

Losing a loved one is a difficult time for family members of the deceased and can be particularly challenging for the executor. We understand how challenging this time can be and that being appointed as an executor of an estate can seem daunting. We aim to provide practical legal advice and support to the executors to make the process as straight forward as possible so that the estate can be administered effectively and efficiently. The role of the executor is to make funeral and burial or cremation arrangements and then to provide a lawyer with instructions so that the assets of the deceased can be administered in accordance with the will. Probate is the process of the Supreme Court of NSW approving the will and the appointment of the executor. The court is particular and specific in its requirements to grant probate. We draw on our decades of experience to make this process as seamless as possible for the executor.

Our probate and estate administration services

Our Northern Beaches probate lawyers advise and act on behalf of the executors in relation to the following matters:

Initial requirements in relation to funeral and burial or cremation arrangements.
Identification of the assets of the deceased and whether the assets were held jointly or solely by the deceased.
Advice in relation to administration of the assets of the deceased and whether a grant of probate of the will is required or whether the estate can be administered without the need for a grant of probate.
Correspondence with asset holders (such as banks, financial institutions, share registries, aged care providers) to obtain the asset balances at the date of death and to ascertain the asset holder’s requirements for administration of those assets.
The costs and disbursements to obtain a grant of probate (if required) and administer the estate.
Preparation of documents for the probate application and submission of the probate application to the court.
Completion of documents to comply with the asset holders requirements for assets to be collected once the grant of probate has been made by the court.
Whether an estate bank account is required or whether our trust account can be used as the estate account. This is dependant on the assets of the estate, the provisions of the will and the length of time it is anticipated that administration will take.
Collection or transmission of the assets of the estate.
The sale or transmission of any real estate assets of the deceased noting that we provide conveyancing services to executors of deceased estates.
Once assets have been collected we advise in relation to payment of estate liabilities and liaise with the accountant for the estate so that they can arrange assessment of any tax liabilities so that these can be paid.
Once liabilities have been paid we advise the executor in relation to interim or final distribution of the estate noting that final distribution does not occur until any tax liabilities of the estate have been paid.
If there are any issues or disputes which arise with beneficiaries or other parties we can advise the executors in relation to effective resolution of those issues or disputes.

The length of time it takes to fully administer an estate is dependant on a number of factors including the nature of the assets of the deceased, whether the deceased or the estate has tax liabilities which need to be assessed and paid, whether assets need to be sold and the timing of the sale. The time range for administration of an estate can be anywhere from 6 months to 2 years depending on the circumstances.

We recognise that being appointed as an executor is a significant and time consuming responsibility. We deliver our services in an approachable, kind, caring and empathetic manner so that our clients are fully supported throughout the matter.

If you need assistance, contact one of our lawyers at [email protected] or call 9949 4022 for expert legal advice.