Administration of an Estate

CM Lawyers’ wills and estates team are well equipped to assist in the administration of an estate in the event of a person’s death. More often than not, the administration of an estate in which there is a valid will is a simple process. If a will has not be left, administration of the deceased’s estate can be more complicated and take a longer amount of time.

How long is the administration of an estate likely to take?

The time it takes to administer an estate will vary. A complex estate or the absence of a will can cause significant delays in the process. How long it takes to sell assets, the locating beneficiaries, and the contestation of a Will, can cause the administration process to be greatly added to.

According to the Succession Act 2006 the minimum time an estate can be finalised in is six months from the date of death. Whilst delays should always be accounted for, the majority of estates will be finalised within 9-12 months time.

The administration of an estate where there is a Will

If there is a Will and the deceased has property that needs to be dispersed or transferred to beneficiaries the executor will need to apply for probate – the necessary legal process of having a Will authenticated by the courts. Once the Will has been verified, the executor can begin distributing all assets and liabilities of the estate.

The administration of an estate where there is no Will

The administration of an estate in which there is no Will can be more difficult, statements and supporting material will be required by surviving relatives – or other possible beneficiaries – proving that they can deal with the estate and that they are the rightful recipients.