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What do I do when someone dies

By July 1, 2020November 10th, 2021No Comments

Find the Original Will

To ascertain who has been given the role of Executor and what needs to be done.

Arrange the funeral

The Executor is responsible for organising the funeral and must take into account the deceased’s wishes.  The executor is able to access monies from the deceased’s bank account to pay for the funeral. Check to see whether the deceased had a funeral plan in place.

Obtain the death certificate

Usually the Funeral home will arrange this. Provide the original certificate to your solicitor.

Make a list of the deceased’s assets and liabilities

This may require going through the deceased’s personal effects to locate bank statements, share certificates, Certificates of Title or evidence of real property purchases, assets and liabilities etc.  The Will may be able to assist in this regard.  Once these items have been found, take them to your solicitor as they will need to be included in the application for a grant of probate/letters of administration.

Contact solicitor to ascertain whether a grant of probate/letters of administration is necessary

Typically, estates that do not have real property and/or the value is under the amount of $30,000 – $50,000, do not require a grant of probate or letters of administration.  If the home is held as joint tenants, the home will automatically go to the surviving spouse/tenant.  Contact your solicitor to ascertain the requirements.  Usually a nursing bond will require a grant of probate/letters of administration before it is released.

If needed, an application to the court for a grant of probate or letters of administration will be filed

Once a grant has been made by the Supreme Court and the requisite notice periods have elapsed, the assets may be distributed.

If you would like to discuss the above with our principal, Kym Chapman, please contact her on 0416102577.

Kym Chapman & Associates provide legal advice for Northern NSW and have offices based in Byron Bay and Cabarita.