Estate Administration

Dealing with a loved one's estate can feel overwhelming, particularly while you are grieving. LegalSense NQ provides advice and practical support to help executors and administrators understand their responsibilities and take the next steps.

You do not need to have everything organised before contacting us. We can begin with the information available, explain what needs attention and identify the documents required as the matter progresses.

Support for executors and administrators

Administering an estate involves more than distributing the assets listed in a Will. Depending on the estate, we can assist with:

• Reviewing the Will and explaining the executor's role.
• Identifying whether a court grant is needed and which type may be appropriate.
• Applications for probate or letters of administration where required.
• Identifying estate assets and liabilities and corresponding with relevant organisations.
• Legal work involved in collecting or transferring estate assets.
• Considering estate debts, expenses and the steps needed before distribution.
• Explaining issues that arise between executors or beneficiaries and the options for addressing them.

Probate and letters of administration

A grant of probate or letters of administration is a court document that provides authority to administer an estate. The appropriate application depends on matters such as whether there is a valid Will and an executor able to act. Not every estate needs a grant.

We can discuss the position after reviewing the Will, ownership of assets and the requirements of the organisations holding them. Queensland Courts provides information about applications for a grant of administration.

Careful advice before distribution

Before money or property is distributed, it is important to understand the estate's obligations and any unresolved issues. These may include liabilities, tax matters, disputes or possible claims. Where accounting or tax advice is needed, we can work with the estate's accountant.

If you are an executor and receive a complaint, demand or notice of a claim, seek advice promptly. Keep records of estate transactions and correspondence, and avoid making commitments about distributions until the position is clear.

What to bring

Useful documents include the original Will and any codicils, the death certificate if available, details of executors and beneficiaries, and a list of known assets and debts. Bring relevant bank, property, superannuation and insurance correspondence. Keep the original Will safe and avoid marking or altering it.

Common questions

What if there is no Will?

Contact us before dealing with the assets. We can explain who may be entitled to apply to administer the estate and how the applicable intestacy rules affect distribution.

How long will administration take?

Timing depends on the assets, required applications, outstanding obligations and whether there are disputes. We can discuss the likely stages once we understand the estate, rather than promise a fixed completion date.

This page provides general information only. The advice and steps appropriate for you depend on your circumstances and the documents involved.