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Estate Administration

We at Connor Hunter know how challenging it can be to handle the intricacies of estate administration during a time that is already emotionally charged. With the least amount of stress possible, our committed estate administration attorneys in Brisbane are here to provide you with sympathetic, straightforward advice on all legal matters.

What Is Estate Administration?

Estate administration manages and distributes a deceased’s assets and obligations. An executor or administrator in New South Wales identifies and gathers the deceased’s assets, pays off debts and taxes, and distributes the estate according to the will or intestacy laws. Obtaining a Grant of Probate (if there is a will) or Letters of Administration (if there is no will) may include protecting the estate, resolving disputes, and meeting legal criteria. Executors and administrators must serve the estate and its beneficiaries.

    Probate Application

    Apply for probate or authorization to administer the estate.

    Asset & Debt Management

    Identify and settle estate assets and liabilities.

    Guidance

    Provide legal advice and support for estate managers.

    Dispute Resolution

    Resolve disputes over estate distribution or will validity.

    Estate Protection

    Take steps to protect the estate from damage or loss.

    Trustee Services

    Manage trusts for minors or incapacitated beneficiaries.

    Why Chooose Us

    Expert Legal Advice

    Navigate complex estate matters with professional guidance.

      Experienced Team

      Skilled in managing all aspects of estate administration.

      Comprehensive Support

      Assistance with probate, debts, and legal challenges.

      Our Process

      Consultation

      We begin with a private consultation to learn about your family’s composition and preferences.

        Customized Guidance

        We offer concise, useful guidance on the most effective tactics for your situation.

        Execution

        We meticulously create and complete your estate planning documents.

        Continuous Assistance

        Your estate plan should adapt to the changes in your life. If you need assistance updating it, we are here to help.

        FAQs About Estate Administration

        What is the role of an executor in administering a deceased estate?

        An executor is responsible for managing the deceased’s estate according to the wishes outlined in the will. They must apply for probate, identify and gather assets, pay debts, and distribute the remaining estate to beneficiaries.

        Who can be appointed as an executor of an estate? protecting my current spouse?

        An executor can be a personal friend, relative, or a professional, such as a solicitor or public trustee. It is typically someone trusted by the deceased. If the named executor is unable to act, the Supreme Court may appoint an administrator.

        What is the difference between an executor and an administrator?

        An executor is named in a valid will and carries out the instructions in the will. An administrator is appointed when the deceased dies intestate (without a valid will) or when the named executors are unavailable or unable to act.

        What happens if a beneficiary disputes the will or estate distribution?

        If a beneficiary disputes the will or the distribution of the estate, they can challenge it in court. Common reasons for a dispute include claims of undue influence, lack of testamentary capacity, or if the will does not make adequate provisions for the claimant. The court will assess the validity of the claim and determine if the will should be upheld or amended. Executors must ensure they are following the proper legal procedures to defend the estate against challenges.

        What are Letters of Administration, and when are they required?

        If there is no valid will, or the executor is unable to act, an eligible person must apply for Letters of Administration. This is a legal document from the court that authorizes someone to manage and distribute the deceased’s estate according to intestacy laws.

        How long must an executor wait before distributing the estate?

        In New South Wales, an executor must wait at least six months after the death before distributing the estate. This allows time for any creditors or beneficiaries to come forward with claims.

        Can an executor be removed from their role?

        Yes, an executor can be removed by the court if they fail to fulfill their duties, such as mismanaging the estate, failing to act diligently, or neglecting to protect the estate from harm.

        How are the debts of the deceased handled?

        The executor or administrator is responsible for paying any outstanding debts, taxes, and liabilities of the estate before any distribution of assets to beneficiaries. This includes settling unpaid bills and funeral expenses.

        Is there a fee for administering a deceased estate?

        Yes, in some cases, the executor or administrator may receive a fee for their services. If the estate is particularly complex or time-consuming, the court may allow a commission of up to 2% of the estate’s value to be paid.

        What happens if the deceased has a trust clause in their will?

        If a deceased person’s will includes a trust clause, a trustee will be appointed to manage the trust. This can be for beneficiaries who are minors or individuals who are unable to manage their own affairs due to incapacity.

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