Estate administration: Online assistance tool

Step 1. Your situation

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Step 2. Select Options

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Step 3. Your details

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You will immediately receive in the next screen our Instant Assessment after you Click Submit.

Step 4. Your results

Thanks for your enquiry. Our will disputes lawyers will be in touch within the next business day to assist with your enquiry. If your matter is urgent, please call us on 1300 580 413.

Checklist Tasks
  1. Original will

    Obtain a copy of the will and satisfy yourself that the original is held securely and safely, for example, in a solicitor’s safe custody facility.

  1. Funeral arrangements

    Familiarise yourself with the provisions of the will relating to burial or cremation. Liaise with family members to arrange the event at an agreed time.

  1. Funeral director

    In consultation with family, appoint a funeral director to perform the desired arrangements.

  1. Capacity

    Consider whether there are any potential issues of legal capacity and if so, seek evidence from the testator’s medical practitioner that he or she had capacity to make the will on the date it was made.

  1. Execution

    Consider the signing of the will to ensure that on the face of it there were two independent persons present who signed as witnesses in the testator’s presence.

  1. Probate

    Consider whether Probate of the will is likely to be required.

  1. Family provision

    Consider whether any family members – for example, children or step-children – have been omitted from benefits under the will.

  1. Family provision

    Consider whether any family members – for example, children or step-children – have been omitted from benefits under the will.

  1. Inventory

    Make an inventory of all estate assets to consider what steps need to be taken to collect and preserve them. This will also assist in determining whether a grant of probate will be needed.

  1. Copy of will

    Ensure copies of the will are provided to all persons named in the will as a beneficiary. The following are also entitled to a copy on request: a beneficiary under a former will, the deceased’s spouse, children, stepchildren and parents. In some cases a former spouse and some relatives.

  1. Insurance

    Satisfy yourself that all assets such as homes, boats and cars have current and adequate insurance.

  1. Security

    Ensure that items of monetary or sentimental value such as jewellery, photographs, paintings etc. are adequately stored and secured.

  1. Consider appointment

    An executor does not have to accept the role however if they propose to decline, this should be done at the earliest available opportunity

  1. Obtain Death Certificate

    Often this is sourced for the deceased’s family by the funeral director..

  1. Appoint a Solicitor

    In most cases, a solicitor should be appointed. If probate or letters of administration are required, you will definitely need a solicitor. The solicitor can do as much or as little of the administration as you prefer.

  1. Housekeeping

    There are a variety of “housekeeping” duties that should be attended to as soon as convenient: redirect mail; cancel drivers licence; cancel Centrelink payments; claim medical expenses from Medicare and private health fund; and cancel health insurance and claim refund.

During the case assessment process, you stated that you need to know the first steps to take in regards to executor/administration. The first steps you take should cover all of the following:-

We asked if you'd prefer to conduct all aspects of the estate yourself. An executor may choose to do so everything themselves or instruct a solicitor take the necessary steps at his or her direction, including notifying and communicating with the beneficiaries as to their entitlements and the progress of the administration of the estate.

You stated the approximate value of the estate is between . Most banks only require Probate for account balances in excess of $20,000.

Make an inventory of all estate assets to consider what steps need to be taken to collect and preserve them. This will also assist in determining whether a grant of probate will be needed.