Deceased Estate Lawyers Sydney
Experienced Deceased Estate Lawyer Providing Comprehensive Estate Administration
Losing a loved one is challenging, and managing estate administration can add legal complexity during this difficult time. Deceased Estate Lawyers Sydney provide expert guidance to help navigate every step with confidence and clarity.
Whether applying for Probate or Letters of Administration, managing estate assets, or resolving disputes, trusted deceased estate lawyers in Sydney offer personalised support for families.
Comprehensive Deceased Estate Legal Services
Applying for Grant of Probate
When a valid will exists, preparation and filing of paperwork to obtain a Grant of Probate is required. This court order authorises the executor to manage and distribute the estate lawfully.
Deceased Estate Administration
This service covers:
- Identifying and valuing assets and liabilities
- Paying debts, taxes, and expenses
- Communicating with beneficiaries
- Distributing estate assets fairly and promptly
Resolving Estate Disputes
If disputes arise—such as will challenges or family provision claims—strong legal representation protects your interests and seeks a fair outcome.
Letters of Administration
If there is no will, help with applying for Letters of Administration appointing an administrator to handle the estate according to NSW intestacy laws.
Why Choose A.S Laumberg?
Estate administration often involves complex issues. For example, multiple beneficiaries may have conflicting claims, or the estate may include diverse assets like property and investments. Experience and clear, practical advice make all the difference.
Moreover, legal requirements must be met accurately and on time to avoid costly delays or complications. With expert assistance, peace of mind comes knowing your case is handled professionally.
The Deceased Estate Administration Process
1. Initial Review
The will, estate assets, and family circumstances are reviewed to plan the best approach.
2. Probate or Letters of Administration Application
Preparation and filing of applications with the NSW Supreme Court to obtain legal authority for estate administration.
3. Managing the Estate
Handling asset valuation, debt payment, tax obligations, and property sales if needed—all with transparent communication.
4. Distribution of Assets
Assets are distributed according to the will or intestacy laws once all responsibilities are fulfilled.
5. Final Steps
Preparing final documents, resolving disputes if any, and formally closing the estate.
Need Expert Help with Deceased Estate Matters?
For trusted legal advice and personalised support with deceased estate administration or disputes, contact A.S. Laumberg Solicitor today. Get the guidance you need to manage the estate efficiently and protect your interests.
Trusted by Clients Across Sydney
Deceased Estate FAQs
What is Probate, and when do I need it?
Probate is the court’s official approval of an executor’s authority to administer the estate when a valid will exists. It is necessary to access and distribute most estate assets.
What happens if there is no will?
Without a will, the estate is distributed under NSW intestacy laws. Assistance with applying for Letters of Administration which appoints an administrator.
How long does estate administration take?
Most straightforward estates take between three and six months. Complex cases or disputes can extend this timeline.
Can beneficiaries challenge the estate administration?
Yes. Beneficiaries can dispute the will’s validity or administration decisions. Expert legal advice helps resolve such conflicts effectively.
What are an executor’s or administrator’s duties?
They must act honestly, manage estate assets responsibly, pay debts and taxes, keep beneficiaries informed, and distribute the estate as required by law.
Can I act as an executor without legal experience?
Yes, anyone named as executor can act, but legal assistance is highly recommended due to the complexity of deceased estate administration and legal obligations involved.
What happens if the executor refuses to act?
If an executor declines or is unable to act, the court may appoint an administrator to manage the estate.
Is it possible to contest a will after Probate has been granted?
Yes. Legal challenges can still be made after Probate within the time limits set by law, often up to 12 months from the date of death.
How are deceased estate debts paid?
Debts and liabilities must be settled from the estate before distribution to beneficiaries. This includes mortgages, loans, taxes, and outstanding bills.
Can the executor sell estate assets?
Yes, the executor or administrator can sell assets to pay debts or distribute proceeds to beneficiaries but must do so in the best interest of the estate.
What if a beneficiary cannot be found?
Reasonable efforts must be made to locate beneficiaries. If a beneficiary cannot be found, the estate may be held in trust or dealt with according to court instructions.
Are taxes payable on a deceased estate?
There may be tax obligations such as capital gains tax, income tax, or land tax. These must be calculated and paid during estate administration.
Can a beneficiary receive an advance from the estate?
An executor can distribute part of the estate early if it is fair to all beneficiaries, but legal advice should be sought to avoid disputes.
What happens if someone challenges the will during estate administration?
Estate administration may be paused or delayed until disputes are resolved either through negotiation, mediation, or court proceedings.
How is a family provision claim different from a will dispute?
A family provision claim seeks a fair share of the estate based on need, even if the will is valid. A will dispute challenges the legal validity of the will itself.
Can I get legal costs paid from the estate?
Often, legal costs related to administering or contesting an estate are paid from the estate, but the court ultimately decides based on fairness and conduct of parties.
Latest News
Solicitors Must Ensure Elderly Will-Makers have Mental Capacity
In the NSW Supreme Court case of Lim v Lim [2022] NSWSC 454 the Court held that a 89 year old woman's last will was invalid because she lacked testamentary capacity i.e. the mental ability to make a will and, therefore, did not know or approve the contents of her...
Can a Child from a Blended Family Challenge an Agreement to Leave an Estate to All Children Equally?
A common situation is one where a parent with children re-marries another parent with their own children creating a blended family. It is not then unusual for each parent to enter into an agreement to make mutual wills which are in reciprocal terms leaving their...
Wrongful Occupation of a Deceased’s Home by an Executor
An executor is appointed under a Will to administer the deceased's estate by collecting in the deceased's assets, paying the deceased's debts and then distributing the assets to the beneficiaries in accordance with the terms of the Will. All the time, the executor is...
A Warning about Mental Capacity and Wills
In order for a Will to be valid the maker of the Will (the testator) must have the proper mental (testamentary) capacity i.e. they must, amongst other things, understand the nature and effect of the Will and the extent of their property. It is possible for a relative...
Update on Electronic Witnessing of Legal Documents
I continue to receive numerous enquiries for me to prepare and witness the signing of Wills, Enduring Powers of Attorney and Appointments of Enduring Guardian. Even though during the COVID-19 pandemic it is safer not to conduct face-to-face meetings, as previously...
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Can You Make an Electronic Will?
The traditional process of making a Will involves a person putting down their testamentary intentions in writing on paper and signing the document before two adult witnesses. However, this process has undergone some considerable transformation by the advent of...
What is Testamentary Capacity When Making a Will?
In order for a will to be valid the person who makes the will (the testator) must have testamentary capacity. If there are doubts about the testamentary capacity, the will can be challenged in a court. For a testator to have testamentary capacity, that person must:...
Be Careful When Leaving Gifts to Charities in Your Will
It is not unusual for a person to want to leave a substantial gift to one or more of their favourite charities in a Will. However, should you wish to do so, care should be taken to ensure that your intentions can be carried out or that your gift will not lead to legal...
How Can You Get to See a Person’s Will?
For those wondering if they are mentioned in another person's will, you are not entitled to see someone's will while that person is still alive. But what if the individual has passed away? Potential beneficiaries and others are often interested to ascertain the terms...
Superannuation Death Benefits and Deceased Estates
Many people are not aware that a person's superannuation is not an asset of that person's estate when he or she dies. Upon the death of the superannuation fund member, the fund will pay a death benefit, which can be a considerable amount of money, to either a person...