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.

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

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.

Expertise

Deceased Estate Probate

DECEASED ESTATE LAWYERS IN SYDNEY

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Deceased Estate Probate Specialists

We take the stress out of finalising a deceased estate, making the process seamless and straightforward. Backed by years of expertise, our team offers expert legal advice at every stage of the process.

Comprehensive Services

From dealing with deceased estates to making testamentary trust Wills, the team at Kells offers a complete range of services to meet your estate planning needs.

Conveniently Located

With offices in Sydney and the Illawarra, we are conveniently located to provide easy access to our services for clients across NSW.

Personalised Legal Solutions

We believe every client deserves a bespoke approach. That’s why we craft solutions based on your unique needs, helping you achieve your long-term goals.

Here To Help

Dealing with a deceased estate is often an emotional and difficult time. At Kells, we understand the challenges families face after the loss of a loved one. Our team is here to guide you through the legal requirements of deceased estate probate. We ensure that all processes are handled accurately and efficiently, so assets are distributed according to the wishes of the deceased.

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Wills, Estate Planning & Trusts

Area of Expertise

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How Can Our Estate Planning Lawyers in Sydney Help?

Executors have a vital role in carrying out the Will and wishes of a loved one after their passing.

Their responsibility includes ensuring that the estate is administered according to legal requirements, settling debts, and distributing assets to the intended beneficiaries. Executors must also address potential challenges, such as disputes or claims against the estate, while adhering to their legal duties.

At Kells, we provide support with all the essential steps involved in managing and finalising a deceased estate, including:

Liaising with asset holders such as banks, credit unions and superannuation funds
Preparing the forms necessary to apply for a grant of probate with the NSW Supreme Court
Defending the estate against any family provision claims
Assisting with the sale of assets such as shares and real estate
Liaising with financial advisors to address taxation or stamp duty issues
Attending to the distribution of the estate.

We know that handling a deceased estate can be a difficult and stressful experience. Our goal is to help ease this challenging time by managing the legal aspects for you. Contact our estate planning lawyers in Sydney to learn more or to arrange an appointment.

Frequently Asked Questions

What is an executor?

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

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

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.

What is a grant of Letters of Administration?

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.
What if the deceased person has no Will?

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.
How long do Wills take to process?
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.