Administering a deceased estate in South Australia

Our firm is one of South Australia’s leading and trusted estate administrators.

Are you an executor?

If you have been appointed the executor in someone’s will, our lawyers will guide you through the process and provide you with independent advice to ensure the estate is administered as efficiently as possible.

Your responsibilities

As an executor, you must ensure the terms of the deceased’s will are carried out.

You must apply to the Supreme Court of South Australia for a Grant of Probate which will authorise you to to deal with property, shares, funds in bank accounts and other assets. Applications are made online and the original will must be delivered to the Supreme Court.

As executor, your duties may include:

• making funeral arrangements
• liaising with beneficiaries
• closing bank accounts
• paying expenses / debts from the proceeds of the estate.
• locating / identifying / selling / transferring assets.

What if the deceased did not have a will or it was invalid?

Their next of kin must apply for Letters of Administration NOT a Grant of Probate.

Timelines

The time required to administer an estate can vary depending on the complexity of the will, the nature of the assets in the estate, and whether there are any legal claims made against the estate.

The most common causes for delays are:

• the will is damaged, lost or not executed correctly
• a sole executor dies
• an executor breaches their duties
• an executor has not been appointed
• assets are left to a group of people, for example “my nieces and nephews” so verifying the name of each individual may take time
• beneficiaries are unable to be located
• beneficiaries cannot decide what should happen to certain assets
• beneficiaries do not agree to the terms of the will
• the name of a beneficiary or executor has not been correctly spelt
• the sole executor is under 18 years old.

Delays can also occur if the executor has difficulty in selling assets or if key documents cannot be located.

Scammell & Co. Lawyers is one of South Australia’s leading and trusted estate administrators and can provide advice and expert guidance to executors.