If you have been appointed as an Executor of someone's Will, it is your responsibility to collect the deceased person's assets, pay any outstanding liabilities, distribute the assets to the beneficiaries and generally administer the estate in accordance with the law.
Depending on the assets owned by the deceased person at the time of their death, it may be necessary to apply to the Supreme Court of New South Wales for a Grant of Probate. The Grant of Probate authorises an Executor to manage a deceased person's estate in accordance with the Will.
Here at Direct2U Law & Conveyancing, we will advise you on your obligations as an Executor, obtain the Grant of Probate, help you to administer the deceased person's estate and ultimately distribute the estate to the beneficiaries.
If someone dies without a Will, the Succession Act 2006 (NSW) outlines who will inherit their property. Depending on the deceased person's assets, Letters of Administration may be required.
When a person dies intestate (without a Will), a Grant of Letters of Administration from the Supreme Court of NSW authorises the Administrator to manage the deceased person's estate. It will usually be the spouse, children or another person close to the deceased who will need to make the application for Letters of Administration.
We will advise you on your obligations as an Administrator, obtain the Grant of Letters of Administration, and help you administer the deceased estate and distribute the estate to the beneficiaries.
If you have been left out of a Will, you may be eligible to make a family provision claim. We can advise you about your eligibility and what is required to make a claim. Family provision claims are heard in the Supreme Court of NSW, and an application must be made within twelve months from the date of death.