Are you an Executor named in the Will of a Deceased Person?

If you are an executor of an Estate as appointed by a person’s Will, you may need to obtain a Grant of Probate from the Supreme Court of New South Wales to be able to carry out your duties as Executor. It is not always necessary to obtain a Grant of Probate depending on the type, size and value of the deceased’s assets left in New South Wales.

A Grant of Probate obtained by the Supreme Court is a legal document granted to the Executor (or Executors) which authorises them to manage the Estate of the deceased in accordance with the Will. As an Executor of a person’s Estate, you are responsible for collecting the deceased’s assets, paying any liabilities owed by the deceased to any organisations or entities, and distributing the assets to the beneficiaries in accordance with the Will.

What if the Deceased Did Not Leave a Will or there is No Executor Available or Willing to Apply for Probate?

If the deceased did not leave a Will upon passing or the executor named in the person’s Will is unable or unwilling to act as executor by applying for a grant of probate, an interested person may be eligible to apply for Letters of Administration in the Supreme Court of New South Wales. A Grant of Letters of Administration appoints a person as administrator of the deceased’s Estate, who will then be able to manage and distribute the deceased’s assets.

There are two types of Letters of Administration:

  1. Letters of Administration – The Deceased Did Not Leave a Will.
  2. Letters of Administration – The Deceased Did Leave a Will, however, there is no Executor available to apply for a Grant of Probate. This includes where the Will did not appoint an Executor, the named Executor in the Will predeceased the deceased person, or the sole Executor is unable or unwilling to act (renounces their role).

It is mostly common for surviving spouses, children, parents, or beneficiaries named in the Will of the deceased person to apply for a Grant of Letters of Administration. Obtaining a Grant of Probate or Letters of Administration to manage the deceased’s affairs can be a complex process. It is important to obtain legal advice from a qualified and experienced Wills and Estates lawyer.

At Tajik Lawyers, our experienced Wills and Estates lawyers provide a range of services for persons dealing with the Estate of a loved one after they have passed away. This includes:

  • Preparing Affidavits, Applications, and Other Court Documents Required for Obtaining Grants of Probate and Letters of Administration in the Supreme Court of New South Wales
  • Representing Executors, Beneficiaries, or Other in Court Proceedings
  • Providing Advice for Executors, Administrators and Beneficiaries in Dealing with the Estate
  • Advising Authorities of the Passing of the Deceased including Government Agencies, Australian Taxation Office, the Australian Electoral Roll, and Other
  • Liaising with Third Party Organisations and Entities to Determine the Value of the Estate Available for Distribution
  • Collecting the Assets and Distributing the Estate

If you are an executor of an Estate provided for in a Will or your loved one passed away without a Will, contact us today on 1300 579 085 to enquire about your Estate options.