Dealing with the passing of a loved one is emotionally challenging, and the legal responsibilities that follow can feel overwhelming. If you’ve been named as executor in someone’s Will or are the next of kin for someone who died without a Will, understanding what to prepare for your first meeting with a deceased estates lawyer can help make the process smoother and less stressful.
Understanding Your Role as Estate Administrator
When someone passes away, their estate needs to be legally administered. If there’s a Will, this responsibility typically falls to the executor named in the document. If there’s no Will, the next of kin or major beneficiary under intestacy laws usually takes on this role.
Regardless of how you’ve come to be the person administering the estate, proper preparation for your first legal consultation will help ensure nothing important is overlooked.
Gathering Asset Information
The administration of any estate largely depends on understanding what the deceased person owned at the time of their death. Your first step should be compiling a comprehensive list of assets.
If you had an intimate knowledge of the deceased person’s financial affairs (perhaps as their spouse with joint finances), this task may be straightforward. However, if you weren’t closely involved in their day-to-day financial matters, you’ll need to become a bit of a detective.
Key Documents to Look For
Start by gathering any paperwork that might indicate the existence of assets:
- Bank statements and account information
- Dividend or share statements
- Superannuation correspondence
- Tax returns and accounting records
- Insurance policies
- Property deeds or mortgage documents
Even if these documents are outdated, bring them to your first appointment. Your lawyer can use this information to conduct thorough investigations into what assets might exist.
Identifying Estate Liabilities
As the administrator, you’re responsible for using the estate’s assets to pay any outstanding debts first. This means you’ll also need to identify what the deceased person owed at the time of their death.
Look for any bills or liabilities, including:
- Council and water rates (for property owners)
- Utility bills like electricity and gas
- Credit card statements
- Personal loans or mortgages
- Medical bills
Locating the Will
If the deceased person made a Will, you’ll need to locate it. Many people have their lawyer retain the original Will for safekeeping, but they usually receive a copy. Even if you only find what appears to be a copy, bring it to your lawyer as it may help locate the original.
Obtaining the Death Certificate
Your lawyer will need to sight the original Death Certificate. This document is typically ordered by the funeral director and takes about two to three weeks to be issued by NSW Registry of Births Deaths and Marriages after the application is made.
Documenting Personal Property
If you’re administering the estate of someone you didn’t live with, create an inventory of their personal belongings, particularly anything of value. Taking photographs of their home can help you accurately document their possessions.
This inventory serves two important purposes: it’s required for any grant of representation application, and it helps ensure all assets are properly accounted for during the administration process.
Making the Process Manageable
Preparing for your deceased estate meeting doesn’t have to add to your stress during an already difficult time. By gathering these documents and information beforehand, you’ll help your lawyer understand the full scope of the estate and provide you with clearer guidance on the next steps.
Remember, every estate is different, and your lawyer will guide you through the specific requirements based on the deceased person’s circumstances and NSW estate laws.
Need guidance with estate administration? Our experienced deceased estates team understands the challenges you’re facing and can provide clear, practical advice tailored to your situation. Contact us to book your consultation and take the first step towards confidently managing your admin responsibilities.
