When a person dies, he or she may leave some properties, funds or debts behind. There should be someone to deal with it. They need to clear up debts and taxes of the deceased and funds should be fairly distributed to those entitled to it.
If there is a valid will left behind by the deceased, the executor of the deceased handles it. On the other hand, if there is an invalid will left behind or no will at all, the one dealing with the deceased estate becomes the administrator. The court appoints an administrator to deal with the deceased estate of a person legally.
How to access funds, assets and properties
If the deceased leaves properties and funds in the estate, the administrator applies for a grant of representation to access the money and the property. The Probate Registry makes the grant application. The Probate Registry grants the probate of the will if the deceased has left an invalid will. If there is no will, then the letter of administration is granted. If you hire the best administrator to deal with the deceased estates in Sydney, they perform their duties rigorously. Some of the duties have been discussed below.
Duties of an Administrator or Executor
- To find documents
If you are unsure about the existence of the will and the same has not been presented to the court, it’s time to look for it among the belongings of the deceased. But, if you have the will’s copy, an original copy is required which you can obtain from the lawyer. A copy of the deceased person’s death certificate is required for the same.
- The hiring of an attorney
Hiring an attorney may not be required unless you are sure that you won’t make mistakes. But if you do commit mistakes here, it can cost you a fortune. You become responsible if there is something not going right with the tax payment or with the estate. When you choose an attorney, he or she can help you to take appropriate steps and meet the deadlines.
- Application for probate
The court grants letters of testamentary if there is a valid will. If there isn’t any will, the letter of administration will be granted. This helps the executor to start with his proceedings officially.
- Notifying the beneficiaries
The beneficiaries should know about the will and hence the executor must notify them. The beneficiaries may be the deceased’s parents, siblings, or children. An advertisement must be placed for potential heirs in media and it should be closest to where the deceased stayed.
- Managing the property of the deceased
A list is prepared about the liabilities and assets of the deceased. Thereafter the property is collected when it’s in the hands of unauthorised people. The sole duty of the executor is to secure the property from being lost and hence the property is well preserved. The executor may hire an appraiser to figure out the value of the property. If the deceased estate is a business, then the business should continue to run and the executor has to ensure that it is being smoothly operated.
The other duties include paying the debts from the funds of the estate. Here, the executor is not liable to pay as the estate makes the payment for such expenses. The tax forms are filed and it includes income taxes and estate taxes. Thereafter the assets are distributed to the beneficiaries. The records are maintained for final accounting and the same is reviewed by the beneficiaries. The final account gets approved by the court and the estate is closed by the court.