Probate · Sydney & NSW

Estate administration: help for executors in NSW

When someone dies, their executor has to collect the assets, pay the debts and distribute what is left. From our Marrickville office, we help executors and administrators with each step, from applying for a grant to paying the beneficiaries.

Make an enquiry Call (02) 9557 9000

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How we can help

The basics

What estate administration involves

Estate administration is the work of looking after a person's estate after they die: finding and protecting their assets, paying their debts and any tax, and then passing what is left to the people entitled to it.

This is usually the job of the executor named in the will. If there is no will, or no executor who is able and willing to act, the Supreme Court of NSW can grant letters of administration to someone else, usually a close relative or a beneficiary, who then acts as the administrator.

Do you need probate first?

A grant of probate is an order of the Supreme Court of NSW. It accepts the will as valid and confirms the executor's authority to deal with the estate. If there is no will, the Court can grant letters of administration instead.

Not every estate needs a grant. It depends on what the person owned, how they owned it and what each bank or organisation asks for. For example:

Real estate in the person's sole name generally needs a grant before it can be sold or transferred.
Property held as joint tenants passes to the surviving owner without a grant.
Some banks release smaller amounts without a grant. Each sets its own rules.
Superannuation death benefits are not part of the estate unless the fund pays them to the estate.

Not sure? Check if you need probate, or read how we help with a grant of probate.

Help at a difficult time

Administering an estate can take many months, and it often comes at a difficult time. We help executors and administrators work through each step, from finding out whether a grant is needed to the final distribution.

Step by step

How estate administration usually works

Every estate is different, but these are the usual steps.

Step 1: Find the will and protect the assets
Find the original will and get the death certificate. Make sure property and valuables are secure, and let banks and other organisations know about the death.
Step 2: Work out what the estate owns and owes
List the assets and debts, and find the beneficiaries.
Step 3: Apply for a grant if one is needed
Applications go to the Supreme Court of NSW and, in most cases, are made online through the NSW Online Registry. Apply within six months of the death if you can. If you apply later, you need to explain the delay to the Court.
Step 4: Collect the assets and pay the debts
Close accounts, collect money owed to the estate, and sell or transfer property. Pay the funeral costs, debts and expenses, and lodge any tax returns that are needed, including the final tax return for the person who died. If the estate may not have enough to pay all its debts, special rules set the order of payment, so get advice before paying anyone.
Step 5: Consider a notice of intended distribution
An executor or administrator can publish a notice (on the NSW Online Registry, where a grant has been made) saying they intend to distribute the estate after a set date, at least 30 days away, so that anyone with a claim can come forward. The notice is optional, but it can protect you from personal liability for claims you did not know about.
Step 6: Distribute the estate
Pay what is left to the beneficiaries under the will, or under the intestacy rules if there is no will, and keep a record of what was received and paid. The notice protects you only if you distribute at least six months after the death and after the date in the notice has passed. Certain people, such as a spouse, partner, child or dependant, can ask the Court for a share, or a larger share, of the estate. This is called a family provision claim, and it can generally be made up to 12 months after the death. If you know of a possible claim, get advice before you distribute anything.

We can take care of these steps for you, or help with just the parts you need. If someone disputes the will or makes a claim on the estate, we can advise you and act for you. See contesting a will.

Questions

Common questions from executors

How long does estate administration take?

There are two stages. The Court stage, from filing an application to the grant, depends on how many applications the Probate Registry is dealing with and whether it asks for more information. The Supreme Court publishes its current processing times on its probate page. Administering the estate takes longer. Executors usually wait until at least six months after the death before distributing, and some estates take considerably longer.

What happens if there is no will?

Usually the surviving spouse or de facto partner, or another close relative, applies to the Supreme Court for letters of administration. The estate is then shared under the intestacy rules in Chapter 4 of the Succession Act 2006 (NSW), which set out who inherits and in what order.

Do I have to act as executor?

Not necessarily. An executor named in a will can usually renounce (formally give up) the role, but not once a grant has been made or after dealing with the estate's property. A named executor who cannot or does not want to act can also appoint NSW Trustee and Guardian to act instead. It charges fees for this. If no executor is available, a person entitled to share in the estate may be able to apply for letters of administration instead.

Can an executor be paid?

Not automatically. The will may allow for it. Otherwise, the executor can ask the Supreme Court to allow commission from the estate for their time and effort. The Court decides what is just and reasonable, usually when it passes (approves) the estate accounts.

Who will help you

Your solicitor

Christine Manolakos
Solicitor · Probate and estates
Probate and estate matters at CM Lawyers are looked after by Christine Manolakos, a solicitor at our office in Marrickville, in Sydney's Inner West. Whether you need help applying for probate, administering an estate after the grant or dealing with a dispute, we explain each step in plain English.
We keep you informed from your first meeting to the final distribution of the estate, and we tell you early about anything that may cause a delay.
Read Christine's profile: Christine Manolakos

Costs

What it costs

Court fees

If a grant is needed, the Supreme Court charges a filing fee that depends on the value of the estate, and a fee to publish the online notice. Current amounts are on our probate fees page.

Legal costs for the grant

In NSW, the law fixes the legal costs for the core work of obtaining a first grant of probate or letters of administration, based on the value of the estate. GST, Court fees and other out-of-pocket expenses are extra. Some related work is not covered by the fixed costs, such as tax work, valuations and advice about a possible challenge to the will.

Administering the estate

Work after the grant, such as transferring or selling assets, publishing a notice of intended distribution and distributing the estate, is not covered by the fixed costs. Its cost depends on the estate and how much help you would like.

Before we start any work, we give you a written estimate of our costs and explain what is included.

Getting started

What to have with you when we first talk

Send us an enquiry or call (02) 9557 9000. If you can, have these with you when we first talk.

The will, or a copy, and any codicilsCodicils are later changes to the will.
The death certificateIf you have it.
A list of the assets and debts you know aboutSuch as bank accounts, property, shares, superannuation, a mortgage or unpaid bills.
The beneficiaries' detailsTheir names and contact details.
Letters from banks or other organisationsAnything you have received about the estate.

Don't worry if you don't have everything yet. We will tell you what else is needed.

Talk to us

Ask us about an estate

Tell us a little about the estate and what you need help with. We will contact you to talk about the next steps.

Call (02) 9557 9000

If something is urgent, such as a property sale due to settle, please call.

Send an enquiry

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What happens next

We read your enquiry and contact you to talk about what the estate needs.
If you would like us to act, we give you a written estimate of our costs before any work begins.
We arrange a time to go through the will and the other documents with you.

Our office

Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204

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Opening hours

Monday to Friday: 9:00am to 5:00pm

Getting here

You can drive up to Level 3, and two hours’ free parking is available at Wick’s Place.

Estate administration: help for executors in NSW

What estate administration involves

Do you need probate first?

Help at a difficult time

How estate administration usually works

Step 1: Find the will and protect the assets

Step 2: Work out what the estate owns and owes

Step 3: Apply for a grant if one is needed

Step 4: Collect the assets and pay the debts

Step 5: Consider a notice of intended distribution

Step 6: Distribute the estate