What if the estate is small?
Banks and building societies have varying rules that allow access to the deceased’s funds without a grant of probate if the estate is very small, approximately $10,000 to $15,000. Enquiry...
Read MoreWill the deceased’s assets be frozen?
Assets that were held in the deceased person’s sole name will be “frozen” after the death. Generally, banks and building societies will only allow enough money to be released to...
Read MoreWhat are my obligations to dispose of the body?
It is the executor’s responsibility to arrange for the burial or cremation of the body. The deceased person may have left some direction or some instructions as to the disposal...
Read MoreTo whom do I give notice of the death?
In Australia, there is no formal “reading of the will”. You should contact all beneficiaries who have been named in the will and advise them that you are the executor.
Read MoreHow do I obtain the official death certificate?
By now, you should have received the medical practitioner’s certificate of death. However, in most cases, it will be necessary for the executor or administrator to obtain an original death...
Read MoreHow do I obtain the original will?
If you do not have the original will, you should produce to the holder of the will, evidence of your identity and evidence of the death. You will be able...
Read MoreWhat if I don’t want to be an executor?
You can renounce Executorship by signing a “renunciation”, if you do not wish to be an executor, even if you had earlier agreed to be one. The lawyer acting on...
Read MoreWill I be paid for being an executor?
If you are a beneficiary under the will as well as an executor, the bequest to you will be presumed to be payment to you. However, there could be something...
Read MoreWhat is an executor and what are your duties as executor of a deceased estate?
An executor is the legal personal representative of the person who has died. This person is legally able to act on behalf of the person who has died and to...
Read MoreWho has to pay for probate?
Typically, the deceased estate will cover the cost of probate. Your probate lawyer may be able to contact the bank to request payment from the deceased’s account.
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