Estate Administration

Have you been named as Executor for a Will in Perth?

As Executor/Administrator, there are a number of things you need to do, from putting a notice in the paper and informing all beneficiaries, through to finalising tax returns.

If you need some advice and guidance, estate lawyers at Haynes Leeuwin can help you carry out your duties and responsibilities quickly and efficiently. Call us on (08) 9409 6300, or email Haynes Leeuwin here.

What does an Executor have to do?

Few things are urgent, and you definitely don’t have to organise a formal reading of the Will (unless you want to). But even with a really simple Will, an executor might need to provide the following services, either yourself or through relevant professionals.

  1. Put a notice in the newspaper – not essential, but it lets those interested know about the death.
  2. Check to see if there are any specific instructions regarding the funeral, and make the necessary arrangements.
  3. Advertise for creditors of the estate.
  4. Advise relevant financial institutions to guard against unauthorised use of bank accounts.
  5. Take reasonable steps to protect valuable assets – if you need to, remove all cash and valuables for safe keeping.
  6. Obtain an authority to administer the estate – either a Grant of Probate, or Letters of Administration if there is no Will.
  7. Pay all debts, such as creditors, funeral expenses, income tax, fees for administering the estate and out-of-pocket expenses.
  8. If you need to, consider seeking emergency financial assistance to help the family.
  9. Inform the beneficiaries of their entitlements under the Will.
  10. Finalise income tax returns up to the date of death and for the estate.
    Establish Trusts. These are needed if the beneficiary is under 18 years of age, mentally incapable, or if there are specific instructions in the Will.

Download a copy of the ‘Executor Duties’ checklist.

If you don’t want to be the Executor

You don’t have to be the Executor if you don’t want to do it.

You can renounce your right to obtain probate of the Will. Other major beneficiaries can then apply to the Court for what is called ‘Letters of Administration with the Will Annexed.’

The most important thing is not to worry about being an Executor

It is an important job, but our estate lawyers can provide you with all the help and support you need to carry it out properly.

Click here to contact us for more information, support and advice about being an Executor for deceased estates in Perth.