Estate Administration

Who Administers the Estate?

Estate Administration is undertaken by an Executor. Generally, this person is appointed by the deceased’s Will.

If the Executor is unable or unwilling to act, or if there is no Will, another person may administer the estate, they are known as an Administrator. Where no one is able or willing to act, the relevant State Trustee may step in.

In some circumstances, an Executor may act informally. In most cases they will need to obtain a Grant of Probate or Letters of Administration from the Court.

What are the duties of an Executor or Administrator?

Generally, an Executor’s duties are to gather the assets of the deceased’s estate, and to pay any debts of the deceased.  The Executor then distributes the remaining assets to the beneficiaries of the Will. 

Depending on the nature of the estate, some of the things an Executor may be responsible for include:

• Organising the funeral

• Applying to the Court for a Grant of Probate/Letters of Administration

• Identifying the deceased’s assets and liabilities

• Organising proper insurance cover for the deceased’s property

• Closing bank accounts

• Selling or transferring the deceased’s house and other property

• Paying any creditors

• Continuing to run a business operated by the deceased

• Liaising with beneficiaries

• Distributing money and items to beneficiaries

• Taking care of any taxation issues

• Looking after assets or investments that have been left to anyone under 18 or with a legal disability

• Representing the estate in any litigation (e.g. a family provision claim)

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