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By Mikaela Frame
Dealing with the loss of a loved one is an extremely difficult time, both emotionally and practically. At Nikolovski Lawyers, our aim is to ease this burden by managing the legal and administrative responsibilities involved in administering an estate, allowing Executors to focus on what matters most.
Early Steps and Funeral Arrangements
Funeral arrangements are often one of the first responsibilities an Executor will manage. In many cases, funeral costs can be reimbursed to the Executor or family member by providing the relevant invoice and death certificate to the bank holding the deceased’s accounts.
However, many estate-related steps cannot proceed until the official Death Certificate is issued by Births, Deaths and Marriages, which is typically received within 2–3 weeks. During this time, it is important for Executors to identify whether a Will exists and where the original document is held. This may involve reviewing personal papers, belongings at the home, and contacting local law firms where the deceased may have stored their Will.
The Role of an Executor
A Will appoints the Executor – the person responsible for managing the estate’s assets, liabilities, and any legal matters, including protecting the estate from potential claims.
During the initial consultation, your estates lawyer will take details of the deceased’s assets, liabilities, and superannuation. From there, they can advise on the next steps, including whether a Grant of Probate or Letters of Administration is required through the Supreme Court of New South Wales.
Managing the Estate Process
Your lawyer will then assist with notifying banks, share registries, superannuation funds, and other organisations, as well as preparing the necessary documentation to finalise and close accounts. Executors are also responsible for managing ongoing obligations such as property maintenance, utilities, insurance, and notifying relevant service providers and government agencies.
Executors must also ensure the estate is properly managed to preserve and, where possible, maximise its value. This may include overseeing the sale of property and ensuring appropriate timelines are followed, including general expectations around administration within 12 months and distribution no earlier than 6 months from the date of death.
Estate Funds, Costs, and Trust Account Management
While estate funds are often initially frozen, there are usually sufficient assets available to reimburse the Executor for necessary expenses incurred during administration. In most matters, the only upfront legal cost is the Supreme Court filing fee, with the balance of professional fees typically paid at the conclusion of the estate.
All estate funds, including bank balances, superannuation proceeds, property sales, and shares, are generally managed through the solicitor’s trust account. This ensures full transparency, accurate record-keeping, and accountability throughout the administration process.
Streamlined Support Through Our Estates Team
At Nikolovski Lawyers, our Property and Estates team is able to manage both the administration of the estate and any property transactions, ensuring a streamlined process without the need for multiple legal providers.
The estate administration process typically takes between 6 to 12 months, depending on the complexity and size of the estate. It is a detailed and often lengthy process, and choosing the right lawyer means working with someone who will support you throughout the entire journey.
Your lawyer can assist by:
– Managing communication with beneficiaries and helping reduce family tension
– Preparing and filing Applications for Probate or Letters of Administration, including all supporting documentation
– Coordinating referrals to accountants, financial advisers, real estate agents, and other professionals where required
Careful preparation is essential, as errors in documentation or filing can lead to significant delays and additional costs for the estate.
