Deceased Estates & Administration

What is Estate Administration?

Once a person passes away, the administration of their deceased estate can begin.

If a person has passed away and holds a valid Will, all assets owned by the deceased person vests in the Executor named under the Will. This means that the Executor is responsible for administering the estate of the deceased person.

Where a deceased person dies intestate (that is without a valid will), then the responsible person to administer the Estate is governed by the Uniform Civil Procedure Rules (UCPR). In most cases the role will be that of the surviving spouse and then children of the deceased.

QC Law’s Estate lawyers understand that during this time, it is a confusing, emotional and daunting task that an Executor must undertake in order to arrange for the administration of their loved ones estate.

Our Estate lawyers are here to make this difficult time less burdening. We will give you a real estimated timeframe of how long the process should take as well as a fixed fee of the costs that the estate will incur by engaging QC Law to act on your behalf.

Executor’s Roles

During the Administration of the Estate, the Executor has a number of legal and practical roles and responsibilities which include but are not limited to :

  • Locating the original Will;
  • Arranging the funeral if required;
  • Obtaining details of the Estate’s assets and liabilities;
  • Ensuring that all assets are insured;
  • Opening an Estate bank account (if required), however our firm’s trust account may be used;
  • Notifying beneficiaries named in the Will;
  • Notifying creditors and debtors of the deceased’s passing;
  • Obtaining a Grant of Probate or Letters of Administration if required;
  • Collect assets and transfer them to the beneficiary (if applicable) or liquefy them into cash;
  • Attend to payment of any debts of the Estate;
  • Attend to payment of any administration costs;
  • Complete all necessary and required documentation;
  • Distribute the Estate’s assets to the beneficiaries in accordance with the terms of the Will;
  • Account to the beneficiaries for all monies received by and paid from the Estate during the course of the Estate Administration; and
  • Attend to lodgement of the Estate’s final taxation returns;
  • Complete the Estate administration as soon as possible.

    The Estate administration process can be a quite complex process if a grant of Probate or Letters of Administration are required. Our Estate lawyers at QC Law Gold Coast are here to guide you through the process.