Wills & Probate
Estate Administration
Administering an estate is a significant legal responsibility — and getting it wrong can expose an executor to personal liability. We act for executors and administrators throughout Lake Macquarie and Newcastle, managing the full administration process from probate to final distribution.
Estate Administration Solicitors — Lake Macquarie & Newcastle
When someone dies, their executor or administrator takes on a significant legal role — collecting assets, paying debts, managing real estate, dealing with superannuation, preparing accounts, and distributing the estate to beneficiaries. Done incorrectly, an executor can be personally liable for losses suffered by the estate or its beneficiaries.
At Lake Macquarie City Legal, we act for executors and administrators throughout Lake Macquarie, Belmont, Newcastle, and the Hunter region. We manage the full estate administration process — from the probate application through to final distribution — and advise on every step along the way. We keep beneficiaries informed and help executors fulfil their duties correctly and efficiently.
We carry the legal burden — you carry the family
Estate administration involves months of legal and administrative work at an already difficult time. We manage the process on your behalf, keep you informed at every stage in plain language, and ensure the estate is administered correctly — protecting you from personal liability and giving beneficiaries confidence in the process.
Our Estate Administration Services
Acting for Executors
We act for executors throughout the full estate administration process — from obtaining probate through to final distribution — advising on duties, managing paperwork, and keeping beneficiaries informed.
Acting for Administrators
We act for administrators of intestate estates — obtaining letters of administration, applying the intestacy rules, and managing the administration process from start to finish.
Collecting Estate Assets
We assist in collecting estate assets — including bank accounts, share portfolios, managed funds, and other investments — by notifying institutions, obtaining valuations, and managing the transfer or realisation of assets.
Real Estate Transactions
We manage all real estate aspects of estate administration — including the transmission of property to beneficiaries, the sale of estate property, and any stamp duty or CGT considerations.
Superannuation Death Benefits
We advise on the treatment of superannuation death benefits — including binding and non-binding nominations, the interaction between the estate and the superannuation fund, and tax implications for beneficiaries.
Estate Accounts
We prepare comprehensive estate accounts — recording all assets, liabilities, income, expenses, and distributions — and provide these to beneficiaries. Accurate accounts protect the executor from future disputes.
Distribution to Beneficiaries
We manage the distribution of the estate to beneficiaries — including preparing distribution statements, obtaining receipts, and advising on the timing of distribution to minimise family provision claim risk.
Executor Liability Advice
We advise executors on their personal liability — including the risk of distributing too early, failing to identify creditors, and the steps available to protect against future claims.
The Estate Administration Process
Obtain probate or letters of administration
Before dealing with most estate assets, the executor or administrator must obtain a grant from the NSW Supreme Court. We prepare and file the application and obtain certified copies of the grant.
Notify institutions and secure assets
We notify banks, share registries, superannuation funds, the Land Registry, and other institutions of the death. We assist in securing and valuing estate assets and protecting them during the administration period.
Advertise for creditors
We advise on advertising for creditors — a step that protects the executor from personal liability for unknown debts. We manage the creditor notification process and advise on the treatment of claims.
Pay debts and liabilities
We assist in identifying and paying all debts and liabilities of the estate — including funeral expenses, outstanding bills, mortgages, and any taxes — in the correct order of priority.
Prepare estate accounts
We prepare comprehensive estate accounts recording all assets, liabilities, income, and proposed distributions. We provide these to beneficiaries and obtain their approval before distribution.
Distribute the estate
Once the administration period has passed and all debts are paid, we distribute the estate to beneficiaries in accordance with the will or intestacy rules — and obtain receipts from each beneficiary.
Executor Risks — What Can Go Wrong
Executors owe fiduciary duties to beneficiaries and can be personally liable for losses. These are the most common risks we help executors avoid:
Don't distribute without advice
In NSW, eligible persons have 12 months from the date of death to make a family provision claim. An executor who distributes the estate before this period expires — without appropriate protections — can be personally liable to meet any successful claim. We advise on the timing of distribution and the steps available to protect the executor.
Frequently Asked Questions
How long does estate administration take in NSW?
The total estate administration process — from death to final distribution — typically takes between 6 and 12 months for a straightforward estate. Complex estates involving real estate sales, superannuation disputes, business interests, or family provision claims can take significantly longer. We advise on the expected timeframe for your specific estate at the outset.
What is the executor's commission?
An executor is entitled to claim commission for their work in administering the estate — typically between 1% and 5% of the estate value, depending on the complexity of the work. Commission must be either authorised by the will, agreed by all beneficiaries, or approved by the NSW Supreme Court. We advise executors on their entitlement to commission and the process for obtaining approval.
Can an executor be personally liable for estate debts?
Yes. An executor can be personally liable if they distribute the estate without paying all debts, fail to advertise for creditors, or distribute in breach of a family provision claim. We advise executors on the steps to take to protect themselves from personal liability — including advertising for creditors and waiting the appropriate period before distribution.
What happens to superannuation when someone dies?
Superannuation does not automatically form part of the estate — it is paid by the superannuation fund trustee in accordance with a binding death benefit nomination (if one exists) or the trustee's discretion. We advise on the interaction between the estate and superannuation, the validity of nominations, and the tax implications of superannuation death benefits for different beneficiaries.
Do I need to sell the family home to administer the estate?
Not necessarily. If the will leaves the property to a specific beneficiary, it can be transferred to them without being sold. If the property is to be sold, we manage the conveyancing as part of the estate administration. If there is a mortgage, we advise on the options for dealing with it. We manage all real estate aspects of the administration.
What if a beneficiary disputes the estate accounts?
If a beneficiary disputes the estate accounts or the executor's conduct, we advise on the options available — including negotiation, mediation, and applications to the NSW Supreme Court for an order passing the accounts or removing the executor. We act for both executors and beneficiaries in estate account disputes.
Estate Administration
Acting for executors and administrators throughout Lake Macquarie and Newcastle. Free first consultation.
02 4945 4445Send EnquiryAdministration Services
Acting for executors
Acting for administrators
Collecting estate assets
Real estate transactions
Superannuation death benefits
Executor liability advice
Let us manage the administration
Full estate administration for executors and administrators throughout Lake Macquarie and Newcastle. Protect yourself from personal liability. Free first consultation.