Sometimes estates can be complex to navigate. The death of a family member or friend is an emotionally charged time, especially for those sorting out the affairs of the deceased. If you have been appointed as an executor of a loved one’s will, our team at Sargent Law can help make sure you confidently fulfil your duties as an executor, ensuring you don’t miss a thing.

One of the first decisions an executor will need to make when commencing the administration of an estate is whether there is a need to obtain Probate. Probate is a document that is granted by the Supreme Court of Queensland to the executor. It is the Court’s official recognition that the executor has a right to administer the estate in accordance with the will. 
It may be necessary to obtain probate to deal with the deceased’s bank and property.

Banks (and other asset holders) usually require probate before they will release funds to the executor when bank account balances exceed a certain sum of money. This sum differs from bank to bank. Additionally, it is advisable to obtain probate as it offers executors protection from liability if someone subsequently challenges the validity of the will or a later will is found. As part of the probate process, a notice to creditors is also published which gives further protection from liability to the executor when distributing the estate.  

Our lawyers can help with some or all aspects of the estate administration such as communicating with banks and financial institutions, transferring or selling estate property, sorting out the Estate tax obligations with an accountant, communicating with beneficiaries and distributing the estate.