Probate & Estate Administration
When someone dies, knowing what needs to happen next can make things easier
Dealing with a person's estate can involve a number of legal and practical steps.
For an executor or family member, those responsibilities often arise at a time when they are also dealing with the personal impact of the person's death.
You may have been named as executor in a Will but be unsure what you are expected to do. There may be questions about the Will, the assets of the estate or who is entitled to receive them. In some cases, there may be no Will at all.
At Watt & Severin, we help executors and families understand what needs to happen, what their responsibilities are and how the estate can be administered properly.
How can we help?
Probate
Understanding when Probate may be required and assisting with the application.
Letters of Administration & Intestacy
Assistance where there is no Will, or where an administrator rather than an executor needs to be appointed.
Administering the Estate
Guidance through the legal and practical steps involved in dealing with estate assets and distributions.
Executor Advice & Duties
Helping executors understand their responsibilities and deal with issues arising during the administration.
Probate
What is Probate?
Probate is the formal recognition by the Supreme Court of Queensland of a deceased person's Will and the authority of the executor appointed under it.
Not every estate necessarily requires a grant of Probate.
Whether one is needed can depend upon the assets in the estate and the requirements of the institutions holding them.
Where Probate is required, the executor must follow the applicable process before the Court will issue the grant.
We can advise whether a grant is likely to be required, prepare the necessary documentation and guide the executor through the application process.
Once Probate has been obtained, the executor can use the grant when dealing with estate assets that require formal evidence of their authority.
Letters of Administration & Intestacy
What happens if there is no Will?
When a person dies without leaving a valid Will, they are said to have died intestate.
This does not mean that their estate has no beneficiaries.
Instead, Queensland law determines who is entitled to the estate and the proportions in which it is distributed.
Because there is no executor appointed by a Will, an appropriate person may need to apply to the Supreme Court of Queensland for authority to administer the estate.
That authority is generally obtained through a grant of Letters of Administration.
There are also circumstances in which Letters of Administration may be required even though a Will exists, for example where there is no executor able or willing to act.
We can advise on the appropriate application, who may be entitled to apply and how the estate should be administered once authority has been obtained.
Administering the Estate
Obtaining Probate is only part of the process
The administration of an estate generally involves identifying the deceased person's assets and liabilities, dealing with those assets appropriately, paying or addressing estate liabilities and ultimately distributing the estate to those entitled to receive it.
The work required will depend upon the particular estate.
It may involve:
identifying and securing estate assets;
locating and considering the Will;
determining whether Probate or Letters of Administration is required;
contacting banks and other institutions;
dealing with real property;
considering shares and investments;
dealing with personal property;
identifying liabilities;
considering superannuation and death benefits;
attending to taxation and accounting requirements with the appropriate advisers;
dealing with beneficiaries;
considering claims or potential claims against the estate; and
distributing the estate when it is appropriate to do so.
Some estates are relatively straightforward.
Others involve property, businesses, trusts, complex family circumstances or disagreements between interested parties.
We can assist with the administration as a whole or advise an executor about particular issues that arise along the way.
Executor Advice & Duties
Being named as executor carries responsibility
An executor is responsible for administering the deceased person's estate in accordance with the Will and the law.
That role involves duties to the estate and those interested in it.
An executor may need to make decisions about assets, liabilities, property, claims and distributions while also keeping appropriate records and dealing with beneficiaries.
For someone who has never administered an estate before, it can be difficult to know what should happen first or when it is safe to take a particular step.
We can help executors understand their role, including matters such as:
identifying and protecting estate assets;
obtaining Probate where required;
dealing with liabilities;
communicating with beneficiaries;
managing estate property;
considering potential claims;
maintaining appropriate records;
obtaining accounting or taxation advice where necessary; and
determining when distributions can appropriately be made.
You do not have to work it all out yourself
Being appointed executor does not mean you are expected to know the law or personally perform every task involved in administering the estate.
Professional assistance can be obtained where required.
Our role is to help you understand your responsibilities, deal with the legal requirements and make informed decisions as the administration progresses.
Appointed as an executor and unsure where to start? Talk to Watt & Severin.
Executor Advice & Duties
Being named as executor carries responsibility
An executor is responsible for administering the deceased person's estate in accordance with the Will and the law.
That role involves duties to the estate and those interested in it.
An executor may need to make decisions about assets, liabilities, property, claims and distributions while also keeping appropriate records and dealing with beneficiaries.
For someone who has never administered an estate before, it can be difficult to know what should happen first or when it is safe to take a particular step.
We can help executors understand their role, including matters such as:
identifying and protecting estate assets;
obtaining Probate where required;
dealing with liabilities;
communicating with beneficiaries;
managing estate property;
considering potential claims;
maintaining appropriate records;
obtaining accounting or taxation advice where necessary; and
determining when distributions can appropriately be made.
You do not have to work it all out yourself
Being appointed executor does not mean you are expected to know the law or personally perform every task involved in administering the estate.
Professional assistance can be obtained where required.
Our role is to help you understand your responsibilities, deal with the legal requirements and make informed decisions as the administration progresses.
Appointed as an executor and unsure where to start? Talk to Watt & Severin.
When an estate is not straightforward
Questions or disagreements can arise during an estate administration.
There may be uncertainty about the Will, concerns about an executor, disagreement between beneficiaries or a person who believes adequate provision has not been made for them.
These issues can affect how and when an estate should be administered.
If a dispute or potential claim arises, it is important for an executor to obtain advice before distributing the estate.
We have a separate page dealing with contested estates and family provision claims.
Contested Estates & Family Provision Claims →
Start with what you know
You do not need to know whether you need Probate or Letters of Administration before contacting us.
If someone has died and you are responsible for dealing with their affairs, bring us the Will if you have it and tell us what you know about the estate.
We can help identify what needs to happen and guide you through the next steps.