About the Executor`s Handbook

The Executor’s Handbook provides help on what to do when someone dies in your state and how to administer the estate of that person (“Deceased Estate”).

The Handbook does not provide any forms, affidavits or motions that are used when lodging a grant of probate. When someone close dies it is hard to understand and come to grips with the loss.

Dealing with the loss of a loved one is difficult enough, without the complications of the role of managing the Deceased Estate. As Executor or next of kin sometimes the responsibilities may seem too great. Don't despair - it is not usually difficult to administer an estate yourself.

Most people administer estates themselves in Australia. The Executor’s
Handbook is designed to assist Executors and Administrators in their duties.

This Handbook provides you with a clear plan of action when Administering a
Deceased Estate. It includes:

• Who is entitled to the assets of the Deceased Estate?


• Did the deceased have a valid Will? Is there a reading of the Will?


• Do I have the authority to administer the Estate?


• Who can challenge the Will?


• What do I do with the deceased’s bank accounts?


• What records do I need to keep?


• Who needs to be notified and what must they be informed of?


• What are my legal rights and obligations?


• How are the Estate debts dealt with? Can debt be inherited?


• How do I deal with the deceased’s superannuation and insurance?


• Is Capital Gains Tax payable on the assets of the Estate? What other taxes
  are payable?


• Do the assets have to be sold before the proceeds are distributed?


• How is the family business affected?


• What do I have to tell the beneficiaries?


• How do I establish a Testamentary Trust?

Who is an Executor and an Administrator?

An Executor is someone appointed by the Will to carry out the wishes of the
deceased person in that Will. If there is no Will, or the Will does not provide
for an Executor that is willing and able to act, then the spouse, children and
other relatives decide who administers the estate. That person becomes the
Administrator of the Estate. It is someone that arranges the funeral, applies
for Probate/Letters of Administration, pays debts and distributes the assets.
These are not normally difficult jobs and the Executor/Administrator can always
get professional help.