When a loved one passes away, the practical and legal responsibilities can feel overwhelming during an already difficult time. While there’s often no urgent rush to begin estate administration, understanding the process can help you navigate this challenging period with greater confidence and clarity.
Taking Time to Grieve First
The first thing to understand is that in most cases, there’s no desperate hurry to get the estate administration process moving. You can afford to take some time to breathe, focus on arranging your loved one’s farewell, and begin the legal process once you feel ready. Many families find that handling the legal aspects helps them cope with their loss, providing a sense of purpose during the grieving process.
Determining if There’s a Will
The first step in estate administration is establishing whether the deceased person had a Will. This document is crucial as it will name an executor who has the authority to deal with all estate matters.
If There Is a Will
The executor named in the Will has responsibility for:
- Obtaining the Death Certificate
- Creating an inventory of all assets the deceased person owned
- Listing any debts or bills that remain unpaid
- Arranging the funeral in conjunction with other family members
- Taking legal advice about the next steps in estate administration
If There’s No Will
When someone dies without a Will (known as dying “intestate”), the process is similar but follows NSW’s laws of intestacy. These laws determine who inherits the estate and who can apply to administer it, typically the major beneficiary.
Do You Need Probate or Letters of Administration?
Whether you need formal court approval depends entirely on the nature and value of the deceased person’s assets.
When a Grant of Representation Is Required
You’ll definitely need either a Grant of Probate (if there’s a Will) or Letters of Administration (if there’s no Will) in these situations:
- Real estate owned solely by the deceased – You cannot sell or transfer property without court approval
- Substantial bank accounts or investments – Most financial institutions require formal authority for large sums
- Refundable accommodation deposits – Aged care facilities typically require a grant before releasing these funds
When You Might Not Need a Grant
A Grant of Representation may not be necessary if:
- The deceased had minimal assets
- Most assets were owned jointly with another person (as joint ownership typically means assets automatically pass to the surviving owner)
Important note: Joint ownership structures matter. Assets held as “joint tenants” pass automatically to the survivor, while those held as “tenants in common” require a Grant of Representation.
Getting Started: Practical First Steps
If you’re named as an executor or need to administer an estate, the best place to start is gathering paperwork. Collect everything you can find, including:
- Bank statements (even outdated ones can be helpful)
- Bills and invoices
- Property documents
- Insurance policies
- Investment statements
- Any other financial records
Once you have this information, along with the Death Certificate and the Will (if one exists), you can consult with a solicitor who specialises in estate administration to understand the specific next steps for your situation.
Every Estate Is Different
While this guide provides a general overview, every estate administration is unique. The complexity can vary significantly based on the assets involved, family circumstances, and whether there are any disputes about the Will or estate distribution.
Remember, you don’t have to navigate this process alone. Taking the time to understand your legal obligations and seeking professional advice can save significant stress and potential complications down the track.
Need guidance with estate administration? Our experienced team understands the complexities of NSW estate law and can help you through each step of the process. Contact Complete Legal today to discuss your specific situation and ensure everything is handled correctly.
