Information about administering deceased estates

What’s involved with administering a deceased estate

When someone dies, it can be a very emotional and difficult time as you grieve their loss. If you’ve been appointed as the executor of an estate, you may feel unsure about what's required and what steps to take.

All deceased estates are different. Some can be complex if they involve many assets and beneficiaries, or differing views among family members.

Most deceased estates take an average of 12 months to finalise. However, some estates can take less or more time due to several factors including:

• how long it takes to sell assets such as real estate
• if anyone contests the Will
• locating beneficiaries.

The following information is a guide only and details the general steps required to administer a deceased estate. The tasks may vary depending on individual circumstances.

Taking on the role of executor or administrator

Executor of a deceased estate

An executor is the person, people, or organisation nominated in a Will to legally administer the estate.

As the executor, you can choose to administer the estate, or you may decide that you don't want to be the executor. Reasons for not wanting to be an executor may include:

• feeling you don’t have enough experience
• you don't have the time
• you're concerned about the responsibilities
• you're worried about potential liability of being the executor.

If you don’t take on the role, you and the beneficiaries will need to decide who may administer the estate. A legal professional or Queensland Public Trustee can assist you with this decision.

Administrator of a deceased estate

If a person dies without a Will, the estate is administered by an administrator instead of an executor.

The administrator performs the same duties as an executor. However, instead of applying for probate from the court, they would apply for letters of administration.

Probate and letters of administration

A grant of administration is a Supreme Court order that specifies who is authorised to administer the estate of the deceased person and on what terms.

There are 3 main grant types:

• grant of probate is where a valid Will was written, and an executor named in the Will is applying
• grant of letters of administration of the Will is where a valid will was written and someone other than an executor named in the will is applying (the authorised person will be an administrator)
• grant of letters of administration on intestacy is where no valid Will was written, and the authorised person Will be an administrator.

Learn how to obtain legal authority to administer an estate

Seeking professional advice

If you've been named the executor of a Will or are the next of kin of a person who has passed away without a Will, you’re under no legal obligation to take on the responsibility of administering the estate.

If you need help to administer an estate, we recommend you contact a legal professional or Queensland Public Trustee. They can help you understand what options are available.

You may choose to handover full administration of the estate to a legal professional, or to only hand over some of the more complex tasks as required.

Queensland Public Trustee can provide services to administer the full estate, or provide support services for those seeking help with some parts of the estate such as:

• applying for probate or letters of administration
• legal documentation to transfer property assets
• carrying out the taxation requirements of the estate.