Estate Administration Lawyers in Sydney & NSW
- Expert guidance for Executors & Administrators.
- Ensuring the lawful & efficient administration of estates.
- Simplifying the process of asset distribution.
- Finalising your duties with confidence & care.
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NSW Estate Administration Lawyers Serving:
First-Time Executors
Providing clear, step-by-step guidance for individuals appointed as an Executor for the first time who are unfamiliar with their duties and the legal process.
First-Time Executors
Family Member Executors
Assisting spouses, children, and other relatives acting as Executor, helping them navigate their legal duties while managing the emotional stress of a loss.
Family Member Executors
Executors of Complex Estates
Specialised support for administering estates with businesses, trusts, overseas assets, or complex taxation issues, ensuring all details are managed correctly.
Executors of Complex Estates
Administrators of Intestate Estates
Guiding court-appointed Administrators through the process when there is no Will, ensuring distribution follows the strict laws of intestacy.
Administrators of Intestate Estates
Executors Facing Disputes
Advising and representing Executors who are facing a challenge to the Will's validity or a Family Provision Claim from a beneficiary during administration.
Executors Facing Disputes
Our Comprehensive Estate Administration Services
Obtaining a Grant of Probate
We manage the initial court application to obtain the Grant of Probate, securing the legal authority you need to begin the administration.
Collecting & Managing Assets
Assisting you to identify, value, and collect all estate assets, from bank accounts and shares to real estate and personal property.
Paying Debts & Finalising Taxes
We guide you in correctly paying the deceased’s debts, managing liabilities, and finalising all necessary tax returns on behalf of the estate.
Distributing to Beneficiaries
Ensuring the lawful and efficient distribution of the estate to beneficiaries according to the terms of the Will, including property transfers.
Managing Estate Disputes
Providing expert advice and representation for Executors when the estate faces a Family Provision Claim or a challenge to the Will’s validity.
Finalising Estate Accounts
We assist in preparing final estate accounts for beneficiaries, ensuring a transparent and complete conclusion to your duties as Executor.
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Our Probate Application Process
1
Initial Consultation & Assessment
We start with a detailed consultation to review the Will, assess the estate’s assets, and confirm that a Grant of Probate is the required next step.
Initial Consultation & Assessment
We start with a detailed consultation to review the Will, assess the estate’s assets, and confirm that a Grant of Probate is the required next step.
2
Preparation of Court Documents
Our lawyers prepare all required court documents, including the online notice of intention to apply, the summons, and the executor’s affidavit.
Preparation of Court Documents
Our lawyers prepare all required court documents, including the online notice of intention to apply, the summons, and the executor’s affidavit.
3
Lodgement with the Supreme Court
We lodge the complete Probate application with the Supreme Court of NSW on your behalf, ensuring all legal and procedural requirements are met.
Lodgement with the Supreme Court
We lodge the complete Probate application with the Supreme Court of NSW on your behalf, ensuring all legal and procedural requirements are met.
4
Receiving the Grant of Probate
We manage any communication with the court, receive the formal Grant of Probate, and provide it to you, empowering you to administer the estate.
Receiving the Grant of Probate
We manage any communication with the court, receive the formal Grant of Probate, and provide it to you, empowering you to administer the estate.
Rated 5-Star By Our Clients
Why Clients Choose Us
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience, providing expert guidance to Executors for a smooth and efficient Probate application.
Decades of Experience
Our Wills & Estates lawyers have over 50 years of experience, providing expert guidance to Executors for a smooth and efficient Probate application.
Compassionate & Clear Guidance
We provide clear and compassionate guidance, managing the entire Probate application process to relieve you of the administrative burden during a difficult time.
Compassionate & Clear Guidance
We provide clear and compassionate guidance, managing the entire Probate application process to relieve you of the administrative burden during a difficult time.
Focus on Efficiency & Accuracy
Our meticulous approach ensures your Probate application is prepared accurately and lodged correctly, minimising the risk of complex and costly court requisitions.
Focus on Efficiency & Accuracy
Our meticulous approach ensures your Probate application is prepared accurately and lodged correctly, minimising the risk of complex and costly court requisitions.
Timely & Effective Process
We are focused on securing the Grant of Probate for you in a timely manner, providing the legal authority you need to proceed with administering the estate.
Timely & Effective Process
We are focused on securing the Grant of Probate for you in a timely manner, providing the legal authority you need to proceed with administering the estate.
Speak to us Now or Request a Consultation.
The Executor's Role in Administering the Estate
Estate Administration is the formal process of managing a deceased person’s final affairs after a Grant of Probate or Letters of Administration has been issued. As the appointed Executor or Administrator, you have a legal duty to collect all assets, pay all debts, and distribute the inheritance according to the Will or the rules of intestacy.
This is a position of significant legal responsibility. The administration process is governed by strict laws and duties designed to protect the beneficiaries. Navigating these duties correctly is where the expert guidance of an estate administration lawyer becomes invaluable, ensuring the process is managed efficiently and lawfully.
Managing Estate Assets and Liabilities
The first practical step in administration is to identify and collect all estate assets, which can range from bank accounts and shares to real estate and personal belongings. Once the assets are under your control, you must then identify and pay all of the estate’s legitimate debts and tax liabilities in the correct legal order of priority.
Failing to properly identify all assets or paying debts in the wrong order can create legal complications and risk for the Executor. Our role is to assist you in this meticulous process, ensuring all assets are secured and all liabilities are managed correctly before any distribution to beneficiaries occurs.
Executor Duties & Personal Liability
As an Executor or Administrator, you have a fiduciary duty to act in the best interests of the beneficiaries at all times. This includes acting diligently, avoiding any conflicts of interest, and keeping accurate and transparent financial records for the estate.
Crucially, an Executor can be held personally liable for any financial loss to the estate caused by a breach of these duties, such as mismanaging assets or distributing the estate improperly. Engaging a lawyer is the most effective way to understand and mitigate these risks, ensuring you are protected while you carry out your important role.
Finalising the Estate & Distributing to Beneficiaries
The final stage of administration is the distribution of the estate to the beneficiaries. However, this cannot be done immediately. In NSW, legal time limits must be observed to allow any potential creditors or family provision claimants to come forward. Distributing the estate before these time limits expire can expose the Executor to significant personal liability.
Once it is safe to proceed, we assist in preparing final estate accounts and managing the legal transfer of assets to the beneficiaries. This ensures a smooth and lawful conclusion to the administration process, providing finality for you and the beneficiaries.
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How Can Our Expert NSW Wills & Estate Lawyers Help?
Wills Drafting & Review
Crafting & updating clear, legally sound Australian wills to ensure your specific wishes for your domestic assets are documented & protected & more…
Wills Drafting & Review
Domestic Estate Planning
Developing tailored Australian estate plans to safeguard domestic assets, minimise tax, & provide for your loved ones effectively & more…
Domestic Estate Planning
International Estate Planning
Expert advice on cross-border estate planning, international wills & trusts, managing overseas assets & navigating tax-efficient wealth transfer strategies & more…
International Estate Planning
Challenging a Will
(Validity Issues)
(Validity Issues)
Expertly challenging the validity of a will based on grounds like undue influence, lack of testamentary capacity, suspicious circumstances, or fraud & more…
Challenging a Will
(Validity Issues)
Contesting a Will
(Family Provision Claims)
(Family Provision Claims)
Assisting eligible persons to contest a will for adequate provision under the Succession Act 2006 (NSW), navigating negotiations & court claims for a fair share & more…
Contesting a Will
(Family Provision Claims)
Defending a Will
Representing executors & beneficiaries in defending the validity of a will against challenges or defending against family provision claims & more…
Defending a Will
Grant of Probate
Guiding Executors through the Supreme Court process to obtain a Grant of Probate, which officially validates the Will and authorises them to act.
Grant of Probate
Appointment of Enduring Power of Attorney
Preparing essential enduring powers of attorney to appoint trusted individuals for your critical financial & legal decisions if you lose capacity & more…
Appointment of Enduring Power of Attorney
Appointment of Enduring Guardian
Drafting appointments of enduring guardians to make crucial personal, lifestyle & healthcare decisions on your behalf if you’re unable & more…
Appointment of Enduring Guardian
Testamentary Trusts
Establishing effective testamentary trusts within your will for asset protection, tax benefits, and flexible provision for beneficiaries & more…
Testamentary Trusts
Intestacy Law & Advice
Guiding families through the complexities of intestacy when a loved one dies without a valid will, ensuring legal distribution of assets & more…
Intestacy Law & Advice
Letters of Administration
Resolving disputes between executors, administrators, or beneficiaries regarding the management & administration of a deceased estate & more…
Letters of Administration
Administration of Estate
Assisting Executors with the administration of deceased estates, ensuring the lawful and efficient collection, management, distribution of assets & more…
Administration of Estate
Advance Care Directive
Drafting clear and legally sound directives to outline your future medical treatment and end-of-life care wishes & more…
Advance Care Directive
Special Disability Trusts
Establishing specialised trusts to provide for the long-term care and financial security of a loved one with a severe disability & more…
Special Disability Trusts
NSW Grant of Probate FAQs
What is Estate Administration?
Estate Administration is the legal process of managing a deceased person’s assets and liabilities. It involves identifying and collecting assets, paying debts, and distributing the remaining estate to the rightful beneficiaries.
Who is responsible for administering an estate?
The person responsible is known as the ‘personal representative’. This is either the Executor named in a Will or an Administrator appointed by the court if there is no Will.
Is Estate Administration different from Probate?
Yes. Probate is the court process of validating a Will and authorising the Executor. Estate Administration is the entire process of managing and finalising the estate, which takes place after a Grant of Probate or Letters of Administration is issued.
What are the main duties of an Executor or Administrator?
The main duties include identifying and collecting all estate assets, paying the deceased’s debts and taxes, protecting the assets from loss, keeping accurate financial records, and distributing the estate to the beneficiaries.
When can I start administering the estate?
You can only begin to deal with significant assets once you have received the formal Grant of Probate or Letters of Administration from the Supreme Court, as this is your legal authority to act.
Do I have to pay the deceased’s debts personally?
No. An Executor or Administrator is not personally liable for the deceased’s debts. All legitimate debts, taxes, and funeral expenses are paid from the assets of the estate itself.
How long does Estate Administration take?
The time varies greatly depending on the complexity of the estate. A simple estate might be administered within a few months after the grant, while complex estates with disputes or businesses can take a year or more.
When can I distribute the estate to the beneficiaries?
In NSW, you must wait a certain period after publishing relevant legal notices (usually at least 6 months from the date of death) to allow any potential creditors or claimants to come forward. Distributing the estate too early can create personal liability.
How do I manage the estate's finances?
It is best practice for the Executor/Administrator to open a new bank account in the name of the estate. All estate funds should be deposited into this account, and all debts and distributions should be paid from it to ensure clear record-keeping.
Do I need to lodge a final tax return for the deceased?
Yes. As the personal representative, you are responsible for lodging a final personal tax return for the deceased, covering the period up to their date of death. You may also need to lodge tax returns for the estate if it earns income.
How are assets like property transferred to beneficiaries?
With the Grant of Probate or Letters of Administration, a lawyer can prepare the necessary documents to transfer the title of real estate from the deceased’s name to the name of the beneficiary or a purchaser if it’s sold.
What if I can't find a beneficiary?
You have a legal duty to make all reasonable and thorough efforts to locate any missing beneficiaries. If they cannot be found, you may need to seek formal directions from the Supreme Court on how to handle their share.
What is an 'inventory of property'?
This is a detailed list of all the assets and liabilities of the deceased’s estate that is prepared for the initial court application (Probate or Letters of Administration). It becomes the foundational checklist for the administration process.
Do I need a lawyer for Estate Administration?
While not legally mandatory, engaging a lawyer is highly recommended. Estate administration is a complex legal process. A lawyer ensures you meet all your legal duties, protects you from personal liability, and helps you navigate any complexities or disputes that arise.
What if a dispute arises between beneficiaries during administration?
As the Executor or Administrator, you must remain impartial and not take sides. Your lawyer can help manage the dispute, often through mediation, to reach a fair and lawful resolution in the best interests of the estate.
What are 'secured' vs. 'unsecured' debts?
Secured debts are tied to a specific asset, like a mortgage on a house. Unsecured debts, like credit card bills, are not. There is a specific legal order in which debts must be paid from the estate.
What happens after all assets are distributed?
Once all assets have been distributed and debts paid, you should prepare a final statement of account for the beneficiaries, showing all the financial transactions of the estate. This formally concludes your duties.
Can an Executor or Administrator be paid?
A non-professional representative (like a family member) is typically not paid unless the Will specifies a commission. However, for a particularly arduous administration, they can apply to the Supreme Court for a commission.
What personal liability do I face as an Administrator/Executor?
You can be held personally liable for any financial loss to the estate caused by a breach of your duties, such as distributing the estate too early, not paying debts correctly, or mismanaging assets.
What is the first step in estate administration?
The very first step is to obtain the Grant of Probate or Letters of Administration from the Supreme Court. This grant is the legal document that gives you the authority to begin the administration process.
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