Guiding executors and families through probate, estate management, and the practical steps after someone passes away.
Dealing with the legal and financial side of someone's passing can feel overwhelming, especially while you are grieving. Whether you have been named as an executor, you need to apply for probate, or you are unsure where to start, we are here to guide you through every step.
At Beneke Legal, we take the time to explain what needs to happen, in what order, and what your responsibilities are. You do not have to do it alone.
When someone passes away with a valid will, the executor usually needs to apply to the Supreme Court of NSW for a grant of probate. This gives the executor the legal authority to deal with the estate's assets, including bank accounts, property, and investments. We prepare and lodge the application and guide you through the process.
When someone passes away without a valid will, a family member needs to apply to the court for letters of administration. This grants authority to administer the estate and distribute the assets according to NSW law. We handle the application and advise on how the estate will be distributed.
Being responsible for an estate involves collecting assets, notifying institutions, paying debts and liabilities, dealing with tax obligations, and ultimately distributing the estate to the beneficiaries. We assist executors and administrators with each of these steps, making sure everything is done correctly and in the right order.
Banks, superannuation funds, and other institutions each have their own requirements when someone passes away. We help you navigate these processes and deal with the paperwork involved.
Every estate is different, but the general process is: we review the will (if there is one) and identify the assets and liabilities of the estate; we apply to the court for a grant of probate or letters of administration; once the grant is made, we help you collect the assets, pay any debts, and distribute the estate to the beneficiaries. We keep you informed at every stage and explain each step before it happens.
For estate administration, we provide clear cost estimates upfront based on the complexity of the estate. Payment plans are available. We always discuss costs in your first conversation and formalise everything in a costs agreement before any work begins. No surprises.
Call us for a free initial consultation. We will talk through the situation, explain what needs to happen, and help you understand the process. If there is a valid will and you are the executor, we can guide you through the probate application. If there is no will, we can help you apply for letters of administration. You do not need to have everything sorted before you call.
Being named as an executor means the person who made the will trusted you to carry out their wishes. Your responsibilities include applying for probate, collecting the estate's assets, paying any debts, and distributing the estate to the beneficiaries. It can be a complex and time-consuming process, and you are entitled to get legal help. We guide executors through every step.
The probate application itself typically takes several weeks to be processed by the court, but the overall timeline for administering an estate depends on its complexity. Simple estates can sometimes be finalised within a few months. Larger or more complex estates can take considerably longer. We will give you a realistic timeframe for your situation.
If someone dies without a valid will, their estate is distributed according to the rules in the Succession Act 2006 (NSW). A family member needs to apply to the court for letters of administration. The process is similar to probate but can be more complex. We can guide you through it.
There is no legal requirement to use a lawyer, but estate administration can be complex, particularly when it involves property, multiple beneficiaries, debts, or tax obligations. Getting professional help reduces the risk of mistakes that could result in personal liability for the executor and ensures the process runs smoothly.
Dealing with an estate can be overwhelming. Call us and we will explain what needs to happen, what your responsibilities are, and how we can help.