Rights and duties when you are Administrator or Executor of an estate
When you are appointed an Executor of an estate or, where there is no Will, you are appointed and approved as an Administrator of an estate, effectively your legal role is to distribute the estate in accordance with the Deceased’s wishes or what the law required.
If you instruct a lawyer, most of the work can be done through the lawyer appointed.
The steps required in this role will often include the following:-
Actually disposing of the body of the Deceased.
Unless the Will, if a Will exists and it states how the body is to be disposed of, the Executor or Administrator has the right to decide how the remains of the Deceased should be disposed of.
Obtaining the Deceased’s Will, if one exists.
Obtaining a copy of the Deceased’s Death Certificate.
Obtaining a Grant of Probate promptly, if a Will exists and this is required.
Collecting the assets of the Deceased’s estate.
Protecting the assets of the estate eg. Against a claim.
Paying all of the Deceased’s legitimate liabilities.
Settling any claims or other liabilities on behalf of the estate.
Distributing the net estate assets to each beneficiary named in the Deceased’s Will OR by the rules of intestacy, where no Will applies.
Keeping proper accounts.
As can be seen from the above list, the requirements for an Executor or Administrator can be quite onerous.
In real terms, practically most estates are dealt with quickly and any assets distributed to the beneficiaries.
Importantly it should be noted that the estate should not be distributed without giving notice and for the Executor or Administrator to wait for at least six months from the date of death of the Deceased.
This is a general overview of the obligations of an Executor or Administrator. Please contact our office at reception@culletonlawyers.com.au to discuss your obligations and the requirements further.