The estate and probate

The executor is the person (or people) named in the will to handle the estate. It is a job with legal responsibilities — and it can be significant work, sometimes lasting 6–18 months. The executor can hire a solicitor to help, and pay them from the estate.

Probate is a legal process where the Supreme Court confirms the will is valid and gives the executor authority to deal with assets. Whether you need it depends on the estate — small, simple estates often don’t need probate at all. Check with the deceased’s bank first; they will tell you if they require it to release the account.

• Probate is not always needed
• It is usually sought when a bank, superannuation fund or the Land Titles Office requires it
• A solicitor can apply for probate on your behalf — or you can apply yourself through the Supreme Court of your state
• It typically takes 4–8 weeks to be granted

• Locate the will and confirm you are the executor
• Organise or oversee the funeral
• Apply for the death certificate
• Notify relevant organisations (banks, super, Centrelink, utilities)
• Make a list of assets and debts
• Apply for probate if required
• Pay debts, taxes and any outstanding bills
• Lodge a final tax return for the deceased
• Distribute the estate in accordance with the will
• Keep records of everything for at least 7 years

If the family home is jointly owned as “joint tenants,” it generally passes automatically to the surviving owner outside the will. If it’s owned as “tenants in common,” the share forms part of the estate and passes under the will. Check the title — a solicitor can tell you which it is.

For small, simple estates (no property, clear will, no disputes), you can often manage without a solicitor. For anything involving property, blended families, disputes, or complex assets, a wills and estates solicitor is almost always worth it. The fee is usually paid from the estate.