What is my role as the executor of a Will?

If you have been appointed as the executor of a Will, it is your job, as the most trusted person of the deceased, to make sure that their wishes, as expressed in their last Will and Testament, are carried out.

Distributing the estate to the beneficiaries according to the wishes of the deceased person as expressed in their will.

What is Probate?

In most cases a Grant of Probate is needed from the court in order to allow the release and transfer of the deceased’s assets. A Grant of Probate declares that the Will is valid and that you, as the executor, have the right to administer the estate. The cost of obtaining a Grant of Probate is determined by the total value of the Estate and is charged in accordance with the Supreme Court of NSW scale. There are several steps that need to be undertaken in anticipation of a Grant.

You can undertake the role of executor without engaging a solicitor but it’s a good idea to consult a solicitor to make sure you get it right. Fulfilling your responsibilities can be challenging and time consuming without some understanding of estate law and finance and as executor, you may be personally liable for the decisions you make.

Contact us for assistance is applying for Probate.

What will a solicitor actually do for me?

Inform you of your rights and responsibilities as an executor

Prepare and assist you to complete the documents needed to apply for Probate

Help you identify, find and deal with the deceased’s debts and assets

Advise you about the legal order in which debts must be paid and assets distributed

Assist you in drawing up a statement of account and distribution report for the beneficiaries

What if I can’t find a Will?

Firstly you should thoroughly search the deceased person’s personal papers and effects.

If you are unable to find the Will, your lawyer can make searches and enquiries on your behalf.

There is a legal order of distribution of an estate in situations where there is no Will.

Our solicitors can advise you of this order and assist you with the process of administering the estate under these circumstances.

How long will it take?

Once your application for a Grant of Probate has been lodged it usually takes about four weeks for the court to issue the Grant.

The deceased’s money and possessions can be distributed in line with the Will from six months after the deceased person’s death.

Before the distribution you must publish a notice through the Supreme Court online registry, telling anyone with a claim against the estate to notify you of the details of their claim within 30 days.