Regardless of whether a Grant of Probate or Letters of Administration of a deceased estate is required or whether the estate can be administered without the need for those Court applications, the Executor or Administrator must collect the deceased's assets and take steps to pay the funeral and administration expenses and any debts or taxes that the deceased owed prior to making any distribution.

Your lawyer will contact each of the financial organisations and companies in which the deceased had money invested in order to realise those assets. In view of possible liability for capital gains tax, it is important to find out the date and cost of acquisition of the deceased's assets.

Funeral expenses are to be paid first and there is a particular order in which any other debts must be paid. After funeral expenses are paid, the executor or administrator is entitled to payment of any actual expenses incurred relating to the administration of the estate before other debts are paid.

Once all debts have been paid and the appropriate notices have been published, the assets are either distributed according to the terms in the Will (or the law of intestacy where there is no Will) or they are sold so that money can be divided among the named beneficiaries.

Prior to distribution, your lawyer will prepare a distribution statement for the approval of the Executor or Administrator showing what the assets were, how much money resulted from any sale of assets, what expenses and debts were paid from the proceeds and how the estate is to be distributed.

If the executor is applying for commission for his or her administration, detailed accounts have to be filed at the same time with the Court and all payments and receipts by the executor properly approved prior to distribution.

Contact us

We can assist and advise the executors or administrators of a deceased person’s estate in relation to the proper administration and distribution of the estate and obtaining a Grant of Probate or Letters of Administration if required.

For free initial telephone advice in relation to the administration of a deceased’s estate or in relation to your own estate planning needs, please call one of our Estate and Estate Planning Lawyers on (02) 9525 8688.