• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Logo
  • Home
  • About Us
  • Areas of Law
    • Queensland Conveyancing
    • Property Law
    • Marriage, De Facto and Divorce – Family Law
    • Traffic Offences
    • Wills & Estate Planning
    • Powers of Attorney
    • Executors & Probate
    • Insurance & Litigation
    • Retail & Commercial Leases
  • Service Portal
    • Book an Appointment
    • Instruction Forms
    • Pay Your Legal Bill
    • Read Your Documents
    • Make an Enquiry
    • Track Your Matter
  • Conveyancing Quote
  • Blog
  • Contact Us

Executors & Probate

property-law

Will Executor?

Have you been chosen by a family member or friend to be the Executor of their Will? This means that you have been given responsibility to manage their estate according to the terms they’ve outlined in their Will and to protect their assets under the various laws and rules that govern estate administration in Australia.

Executor Duties

An executor’s duties may include responsibilities such as:

  • Organising the funeral, notices for the paper, flowers
  • Locating the Will
  • Obtaining a copy of the Death Certificate
  • Making sure any property and assets are safe and secure
  • Determining the value of assets
  • Applying for Probate
  • Paying insurance policies, debts and taxes
  • Collecting monies belonging to the deceased from financial institutions and insurance companies
  • Collecting debts owed to the deceased
  • Lodging tax returns for the deceased and for the estate
  • Selling properties and assets
  • Reporting to beneficiaries
  • Distributing the proceeds of the estate to beneficiaries
  • Setting up trusts

Being an Executor can be overwhelming, particularly when you are grieving, but rest assured we can guide you through.

Do Executors get paid?

It depends. If you are a beneficiary of the will it is presumed that your benefit will cover your costs. If you’re not a beneficiary then you can apply to the Supreme Court for commission.

Do I need a Lawyer?

Estates vary in complexity and Executor’s duties can be complicated, so it may be a good idea to get advice from a lawyer. The cost of legal advice is usually covered by the estate, not the Executors.

What is Probate?

Probate is recognition of the Will’s validity and permission from the Supreme Court for the Executors named in the Will of the deceased to carry out their duties in relation to the Estate. You will likely need a grant of Probate to deal with the assets of an estate, such as selling property and obtaining bank funds.

What if there is no Will?

This situation is referred to as intestacy and the law determines how assets will be shared out after debts have been paid. If you are the next of kin you can apply for Letters of Administration, which will give you authority to finalise the estate.

What if I’m not up to the job?

Just because you have been named an Executor doesn’t mean you have to accept the responsibility. If there is another Executor named, they can take on the whole of the job, or if you are the sole executor you can apply to the court to appoint someone else. You cannot change your mind later though – giving up the responsibility is final.

Contact Access Legal NQ today to find out more or to arrange an appointment with one of our Townsville estate lawyers.

Primary Sidebar

Family law - get started online

Start your will online

Web portal

Call us

07 4724 1152

Newsletter Sign Up

Subscribe to our mailing list

* indicates required

Our Services

  • Queensland Conveyancing
  • Property Law
  • Marriage, De Facto and Divorce – Family Law
  • Traffic Offences
  • Wills & Estate Planning
  • Powers of Attorney
  • Executors & Probate
  • Insurance & Litigation
  • Retail & Commercial Leases

Online Enquiry

Footer

Access Legal

Access Legal is a dynamic and progressive Townsville-based firm offering premium legal services at cost effective rates.

With a track record of success, our lawyers take the time needed to fully understand your needs, and will provide you with clear advice that is easy to understand strong representation for all legal matters.

Our Services

  • Queensland Conveyancing
  • Property Law
  • Marriage, De Facto and Divorce – Family Law
  • Traffic Offences
  • Wills & Estate Planning
  • Powers of Attorney
  • Executors & Probate
  • Insurance & Litigation
  • Retail & Commercial Leases

Contact Us

TOWNSVILLE OFFICE:
Level 1 135 Sturt Street,
Townsville Queensland 4810
PO Box 2050,
Townsville QLD 4810
(07) 4724 1152
(07) 4422 0662
enquiries@accesslegal.com.au

SYDNEY OFFICE:
Level 21, Castlereagh Street,
Sydney NSW 2000
1300 17 17 12
enquiries@accesslegal.com.au

  • Email
  • Facebook
  • LinkedIn
  • Twitter

Copyright © 2020 · Privacy Policy
Created and hosted by LEAP · Log in