What does estate administration involve?

Estate administration is everything that happens after someone dies: collecting the assets, paying the debts and any tax, keeping accounts and distributing what is left to the beneficiaries.

What happens after probate is granted?

The grant is only the beginning of the estate administration. It gives the executor permission to deal with the estate. They still have to collect the assets, pay any debts and distribute what’s left to the beneficiaries.

What does estate administration cost?

The cost varies with each estate because the work depends on what assets are in the estate and what issues arise during the administration. An estate with one bank account and no property is a different job from one with a house, shares and a business interest. We start with a fixed price consultation so we can get a good understanding of the estate and any issues that may arise. After the consultation we’ll give you a quote for administering the estate.

How long does estate administration take?

Most simple estates take six to twelve months from the grant to the final distribution. Much of that is waiting for banks, other entities and the ATO to complete their processing. It takes longer if there’s property to sell or a claim against the estate.

Can I administer the estate myself?

Yes. Nothing requires an executor or administrator to use a lawyer and a straightforward estate can be handled without one. It is worth getting advice where the estate holds land, a business or a self managed super fund, where there is no Will or where anyone has raised a complaint. Our guide to whether you need a probate lawyer sets out when it is worth it.

When is it safe to distribute the estate?

Not until the debts and any tax have been paid. The usual advice is then to wait six months from the grant in case any family provision claim is brought. We recommend you obtain a written consent or release from everyone who could make a claim on the estate before distributing.

Do I have to advertise for creditors?

No, it is optional. An executor who advertises and then distributes is not personally liable to a creditor whose claim they had no notice of, so it buys protection rather than discharging a duty. It gives no protection against a family provision claim. Our guide to how executors protect themselves from claims explains what it does and does not cover.

Can an executor be paid for their work?

Yes, where the Will authorises it, where the beneficiaries agree or where the Court allows it. The Trustees Act 1962 (WA) lets the Court allow a commission that is just and reasonable, capped at five per cent of the gross value of the trust property. Five per cent is a ceiling on what the Court can allow rather than an entitlement. Our guide to what an executor is entitled to explains how commission is claimed.

Can I recoup my legal costs from the estate?

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.

Is the executor personally liable for the debts?

No. The debts are paid out of the estate and taking on the role does not make an executor liable for what the deceased owed. However an executor can become personally liable by distributing the estate before the debts are paid.

Deceased Estate Administration | Perth Probate Centre

The administration of a deceased estate is everything that has to happen after the Grant of Probate or Letters of Administration, from collecting the assets and paying debts to distributing what’s left.

If it feels overwhelming, you’re not alone. This isn’t something most people do often.

We can do all of it for you, or just the parts you’d rather not do yourself.

Whether you’re dealing with: