Estate Administration

The estate administration process

The estate administration process cannot begin until after the formal death certificate has been received. The funeral home will normally assist you to apply for a death certificate and it will be sent to you directly from the Queensland Registry of Births, Deaths and Marriages. Once you have received it, we recommend that you book an appointment with an Estate Administration Lawyer to discuss the process and the steps which need to be undertaken to finalise the estate.

We usually work with the Personal Representative of the Estate during the administration process. The Personal Representative is the Executor who is nominated under a valid Will. However, if the deceased passed away without a valid will, then the law will nominate who should be the Administrator. If you want to be in charge of the administration process, then we recommend you book an appointment with our professional estates team to discuss whether this is possible.

Once the death certificate has been received, our lawyers will sit with you to gain an understanding of the deceased person’s family layout and relevant potential beneficiaries, identify any valid wills, named beneficiaries in any wills, potential for any litigation, and an understanding of the assets and liabilities that existed at the time of death.

We will then provide full advice to you as to your options available in order to properly administer the estate. Our experienced lawyers will then obtain instructions from you as to how you would like to proceed: by making an application for probate or letters of administration, or choosing to proceed without obtaining a grant.

We also will write to all of the estates assets and liabilities holders to ascertain the value of the estate for distribution and attend to payment of debts as quickly as possible. Additionally, we can assist with making a claim on the deceased person’s superannuation. Superannuation does not ordinarily form part of the Estate and so the Executor or Administrator has to apply to the Trustee to have it paid to the Estate, or a dependent person can apply directly in their own right.

We also work to locate and contact any beneficiaries of the Estate. We understand that families can often be estranged, and so we have a skilled network which can assist to locate a beneficiary, if required.

Once all of the assets of the estate have been called in, and all debts have been paid, we work with the Executor or Administrators to distribute the estate to the beneficiaries in accordance with the will, Grant of Probate or Letters of Administration.

We also work collaboratively with any accountants to ensure that financial tax returns are completed for the Estate and any tax debt is paid.

It is important to note that the administration process will not be completed in less than six months from the date of death. If it is completed inside this window, then any Executor or Administrator is personally liable if the Estate is contested.

Administration of an Estate without a Grant of Probate

Depending on the value of an estate, an Executor can choose to administer the estate without applying to the Supreme Court of Queensland for a Grant of Probate. In order to be eligible to do this, the deceased person must have had a valid and legal Will at the time of their death. Additionally, any of the assets and liabilities holders must not require a Grant of Probate in order to finalise the assets and liabilities. This is entirely up to their own requirements and often depends on the value. For instance, most banks will have a threshold of the asset that does not require the Grant to be provided.

Regardless of whether it is required or not by an assets and liabilities holders, we recommend that Executors do give serious consideration prior to instructing their lawyers to not apply for a Grant. There can be serious consequences for an Executor who administers the Estate and fails to ensure that the Will is valid or the deceased person’s last will.

Estate administration fees

The professional and legal estate administration fees are ordinarily paid for by the Estate. A beneficiary or the personal representative is able to pay the fees up front and be reimbursed from the Estate, after assets have been called in.

Alternatively, we are able to complete the work on the basis that our professional services are paid for from the assets when they are called in, during the estate administration process.