Managing a Deceased Estate

WRITTEN BY FOUNDING PARTNER MARK WILLIAMS

Losing a loved one is one of life’s most challenging experiences. On top of the emotional toll, there are often immediate and complex legal matters that need to be addressed, which is where deceased estate lawyers can help. These legal professionals play a crucial role in assisting families and executors in navigating the legal and administrative responsibilities associated with managing a deceased estate.

In Adelaide, deceased estate lawyers—such as the experienced team at Williams Legal—provide support, clarity, and peace of mind during what is often an overwhelming time. Their role begins once a person has passed away and typically involves ensuring that the estate is managed in accordance with the law and, where applicable, in line with the terms of the deceased’s will.

A deceased estate encompasses all the assets and liabilities left behind by the deceased person. This might involve property, bank accounts, debts, shares, vehicles, superannuation entitlements, and personal belongings. The task of managing this estate usually falls to the executor named in the will, or, if there is no will, to an administrator appointed by the court. For those unfamiliar with the legal system, this responsibility can be daunting. Deceased estate lawyers guide executors and administrators through each step, ensuring that all obligations are met, and that the estate is distributed fairly and in accordance with the law.

One of the most important aspects of administering a deceased estate is obtaining legal authority to do so. If a valid will exists, this usually involves applying for a grant of probate from the Supreme Court. Probate is the official recognition by the court that the will is valid and that the executor has the legal right to manage the estate. Where no valid will exists, the process is slightly different—the court must instead issue a grant of letters of administration, appointing a suitable person (often a close family member) to act as administrator of the estate. In both scenarios, a deceased estate lawyer can handle the application process on behalf of the executor or administrator, ensuring all paperwork is correctly completed and that deadlines are met.

The administration of a deceased estate involves more than simply distributing assets. It often includes identifying and valuing all of the deceased’s assets, locating and securing important documents, settling outstanding debts, lodging tax returns, and resolving any disputes that may arise between beneficiaries. A deceased estate lawyer can assist with each of these tasks, providing guidance on financial responsibilities, explaining complex legal requirements, and liaising with relevant institutions such as banks, the ATO, and superannuation funds.

Disputes over estates can be particularly stressful for grieving families. These disagreements might involve questions over the validity of the will, concerns about how assets are being distributed, or tensions between family members about who should be entitled to what. In cases where emotions are running high, a deceased estate lawyer offers a steady, objective presence. They can help resolve disputes through mediation or, if necessary, through formal court proceedings, always working to protect their client’s interests and ensure a lawful outcome.

Protecting Executors and Administrators

Another important part of the deceased estate lawyer’s role is helping clients understand their personal legal obligations. Executors and administrators carry a significant amount of legal responsibility and can, in some circumstances, be held personally liable for mistakes made in the administration of the estate. By working with a deceased estate lawyer, clients can feel confident that they are fulfilling their duties correctly and that they are complying with all legal and financial obligations, including those relating to tax and debt settlements.

Managing Complex or High-Value Estates

In more complex estates—such as those involving multiple properties, international assets, or business interests—the need for legal expertise becomes even more critical. Deceased estate lawyers have the knowledge and experience to manage complicated estates efficiently and with a clear understanding of the risks involved. They can also help identify and manage potential legal issues before they become costly or drawn-out problems.

Your trusted Legal Partner when you need it most

Ultimately, the role of a deceased estate lawyer is to ease the burden on those left behind. Whether it’s helping an executor apply for probate, assisting with the administration of assets, or resolving a dispute among beneficiaries, their support allows families to focus on remembering and honouring their loved one, rather than getting lost in legal red tape.

At Williams Legal in Adelaide, our deceased estate lawyers understand the weight of responsibility that comes with managing a loved one’s estate. We offer compassionate, practical, and expert guidance tailored to the needs of each individual estate. If you have recently lost someone and need legal advice, or if you have been named as an executor and aren’t sure where to start, our deceased estate lawyers here to help.