PROBATE & ESTATE ADMINISTRATION
When a client calls shortly after the death of a loved one, they often have many questions and concerns about what they need to do first. Whether the death was expected or sudden, it is always a time of overwhelming emotion.
The first thing to do is take care of the funeral, grieve with your family and celebrate the life of your loved one – and then see your lawyer once you have received the death certificate from Births Deaths & Marriages – this is usually about three weeks after the death.
If you hold the Will (or a copy) you should read through it to check whether there are any instructions for the funeral (although it is important that you have these conversations with your family beforehand so that everyone is clear about wishes – burial or cremation, for example).
One of the first concerns is payment of the funeral expenses. Be aware that they can be paid from the deceased’s bank account (assuming there are sufficient funds available) on presentation of the account from the funeral director and the original (or a certified copy) death certificate.
Whilst waiting for the death certificate to arrive, you should start collating details of the deceased’s assets (bank accounts, shares, property, etc) and liabilities (debts, credit cards, loans, etc). The more information you can provide, the better. Contact details for all the beneficiaries are also important to provide.
Not every Estate requires a Grant of Probate to be obtained. In estates where husband and wife own everything jointly (including real estate as joint tenants), then it may simply be a matter of transferring the bank accounts and shares to the name of the surviving spouse and lodging a Notice of Death at the LPI to transfer the property to the surviving spouse.
Please note this is not legal advice, if you have been appointed Executor of an Estate or if you have a loved one who has recently died and you are not sure what to do next, call us at Cominos Family Lawyers on 8999 1800 to discuss the way forward.