Probate and Estate Administration
Estate administration is the legal process that follows a death. It involves overseeing the settlement of debts and the distribution of assets according to a loved one’s wishes. If the deceased does not have a will, the estate will be distributed according to the rules of intestacy.
This process can often be lengthy and may be complicated by the emotional stress of losing a loved one. At Dormer Stanhope Lawyers, our dedicated probate lawyers are here to support you through every phase of estate administration, ensuring that the process is as seamless as possible so you can focus on caring for yourself and your loved ones.
Who Can Serve as an Estate Administrator in NSW?
The individual responsible for administering a deceased estate, known as the Legal Personal Representative, is appointed either through the deceased's Will or by the Supreme Court of New South Wales if no valid Will exists.
In cases where there is a valid Will, the executor(s) named by the deceased will take on this role. If the Will is invalid or the deceased did not leave a will, a person wanting to administer the deceased estate must apply for Letters of Administration from the Supreme Court. The Court can either approve this application or appoint either the NSW Trustee and Guardian or a beneficiary, to administer the estate.
Responsibilities of an Estate Administrator
It is the responsibility of the Legal Personal Representative to settle the deceased’s estate by addressing any outstanding debts and distributing the remaining assets. This role carries significant authority, as it involves accessing and managing another person’s property. Before the Supreme Court grants this power, it must first verify that the Will presented is indeed the original document of the deceased. Recognition of the original Will by the Supreme Court is known as a ‘grant of probate.’
By understanding these foundational aspects of estate administration, you can navigate the process more effectively during what can be a challenging time. Handling estate administration can be complex, but the right guidance makes all the difference. Seek expert advice to ensure a smooth and legally compliant process. Dormer Stanhope Lawyers are here to help.