Overview of the Probate and Estate Administration Process

As solicitors for the Estate the general responsibilities and tasks we undertake on behalf of the executor/s or legal personal representatives are roughly done in the following order:

1. On notification of death we will check the will (if held) for any specific funeral directions and advise executor if appropriate.
2. We will scrutinise the will for any patent errors, flaws or irregularities that might require explanation.
3. Establish who is the personal representative or the person entitled to be appointed as the Executor or the Administrator.
4. However, where there is no will, consider whom is entitled to be appointed as the Administrator either a domestic partner of the deceased or closest next of kin.
5. Arrange initial interview with personal representative; and request the personal representative to bring to the interview all documents that he or she can locate relevant to the affairs of the deceased.
6. At initial interview obtain from personal representative all relevant details of the estate including: (a) date of death of the deceased; (b) name and address of the personal representative, the deceased and the beneficiaries (including minor beneficiaries’ dates of birth); (c) assets and liabilities of the deceased (link to asset and liabilities checklist); (d) explain rights and duties to personal representative.
7. We will require the original Death Certificate which generally issues within 3 weeks of the date of death.
8. Draft an inventory of assets and liabilities and then verify the assets and liabilities with the various institutions and companies.
9. Advise beneficiaries of their entitlements.
10. Prepare the Application for Grant of either Probate or Letters of Administration.
11. Instruct the accountant to the Estate to lodge income tax returns.
12. Realise assets: (a) attend to transmissions of property into executor’s name; (b) collect proceeds of bank accounts etc (c) dispose of assets by sale if necessary.
13. Attend to payment of debts (including funeral and testamentary expenses to date and any income tax liability).
14. Finalise any application for ‘family provision’ application if any.
15. Prepare final account of estate’s administration.
16. Make final distribution to residuary beneficiaries.