What To Do When Someone Dies

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What to Do When Someone Dies - Your Guide to Deceased Estate Management in NSW, Australia

Losing a loved one is an emotionally challenging time, and we understand that the legal aspects of managing a deceased estate can add an extra layer of complexity. At CM Lawyers, we're here to provide you with the knowledge and support you need during this difficult period.

Dealing with the loss of a loved one is an incredibly tender and challenging journey, and navigating the legal intricacies of managing a deceased estate can intensify the emotional strain. CM Lawyers is a family at its core, and we know how to help guide you and your family through these hard times. Read here to learn more about what ot do when someone dies in NSW.

Why Knowing the Legal Steps Matters

Almost immediately, the pressure to make decisions starts. There are important steps that you need to be aware of in order to navigate your loved one's final wishes.

Administering a deceased estate involves navigating through a series of legal procedures, ensuring that the wishes of the departed are honoured and the estate is distributed efficiently. To help you through this process, let's take a closer look at the essential steps you need to take after someone dies.

The Deceased Estate Administration Process

1. Confirm the Death

The first step is to confirm the passing of your loved one officially. This involves obtaining a medical certificate and notifying the relevant authorities. A doctor or medical examiner will confirm the death and issue a medical ceritcate explaining the cause of the passing.

2. Arrange the Funeral 

While not a legal requirement, arranging the funeral is an immediate concern. It is essential to honour the wishes of the deceased and gather friends and family for support during this emotional time.

3. Locate the Will and Appoint an Executor

Locating the deceased's will is crucial. The executor, appointed by the deceased, plays a pivotal role in overseeing the estate's administration. If no will exists, the law outlines who should take on this responsibility. The lawyer of the deceased should have a copy of the will on file if a copy cannot be found.

If there's no will in place, the individual entrusted to handle the estate will need to secure letters of administration. The letters of administration empower them to access the deceased's assets. To ensure a smooth procedure, applications for letters of administration or a grant of probate should be submitted to the Supreme Court within six months of the passing. Our team is here to guide you through this process and prepare everything needed to apply for these letters.

Executor's Role: If you find yourself in the executor's role, we're here to guide you in aligning your loved one's wishes with the arrangements outlined in the will. Contact Us Today

4. Identify and Value Assets

Compile a comprehensive list of the deceased's assets and liabilities. This includes property, bank accounts, investments, and personal belongings. Valuing these assets is crucial for the next steps.

5. Apply for Probate

Probate is the legal process of validating a will. The executorwill need to apply to the Supreme Court of NSW for a Grant of Probate, which authorises them to administer the estate.

Once the designated executor or next of kin has assessed the overall value of the deceased estate, they can initiate the process of acquiring letters of administration or a grant of probate through the Supreme Court of NSW. In cases where the deceased individual left a will, obtaining a grant of probate becomes imperative for the executor to effectively manage the estate. This legal document, sanctioned by the Supreme Court, not only validates the last will but also bestows upon the executor the necessary authority to oversee and administer the assets ofthe deceased.

6. Pay Debts and Distribute Assets

Using the estate's funds, settle any outstanding debts, taxes, or liabilities. Once this is complete, the remaining assets can be distributed among the beneficiaries as outlined in the will or according to intestacy laws if there is no will.

Your Trusted Partner in Deceased Estate Management

Navigating the legal intricacies of managing a deceased estate can be overwhelming, especially during a period of grief. At CM Lawyers, our experienced team of estate lawyers is here to guide you through every step of the process. We understand the importance of a compassionate and efficient approach, ensuring that the wishes of your loved one are respected.

Contact us today to schedule a consultation and let us help you through this challenging time.