Losing someone close to you is never easy. Along with the emotional toll, it can be overwhelming to navigate the legal and financial steps that come next. To help you during this difficult time, we’ve created a straightforward guide to get you started with the estate administration process.
Step 1: Find the Will
The first thing to do is locate your loved one’s Will. If you don’t already know where it’s kept, try contacting:
- Local law firms they may have used
- The Public Trustee Office
If you’ve been named Executor of the Will, it’s your responsibility to carry out the wishes laid out in it. (We have a helpful brochure called ‘Executor’s Guide: Your Responsibilities When Administering a Will’ available on our website.)
If you’re a beneficiary, try to get in touch with the Executor to stay informed.
Tip: Check the Will before making funeral arrangements—sometimes specific wishes are included in it.
No Will? Or can’t find one? It’s best to speak with a lawyer to guide you on what to do next.
Step 2: Identifying Estate Assets
Next, you’ll need to work out what assets the deceased owned.
This step can take some detective work. A Will might mention major assets, but it won’t list everything. You may need to go through:
- Paperwork in their home
- Emails and files on their computer
- Bank statements (these can hint at accounts, property, and income)
- Insurance policies or superannuation statements
If it feels overwhelming, don’t worry—this is where professional help can make a big difference.
Step 3: Understanding Probate
Now that you’ve identified the assets, the next question is: Do you need probate?
Probate is a legal document from the Supreme Court that confirms the Will is valid and gives the Executor legal authority to manage the estate.
You might not need probate if:
- The estate is small (e.g. only a few bank accounts)
- Property is going directly to a beneficiary
- The assets don’t require a formal legal process to be transferred
However, you will likely need probate if the deceased had:
- Significant funds in the bank
- Shares or investments
- Property that needs to be sold or transferred
- Bonds held by an aged care facility
Probate can be applied for by the Executor or with the help of a solicitor. If you’re unsure, reach out—our team can guide you through the process.
Here to Support You
We understand this isn’t just paperwork—it’s personal. Our Wills & Estates team is here to support you every step of the way. If you’re feeling lost or just need someone to walk you through the next move, don’t hesitate to get in touch.
We’re here to help make this process as smooth and respectful as possible.
