At a glance.

  • Locate the will, death certificate and reliable asset information.
  • The correct administration route depends on the estate and applicable law.
  • Do not assume a family relationship alone authorises dealing with assets.

Begin with the documents and the family context

Estate administration often starts while a family is still coping with a loss. Locate the death certificate, any will or codicil and available information about the assets. Identify the relevant family relationships and the people named in the documents. Keep the originals safe and record where they are held. A lawyer can help establish what further information is needed.

Understand why authority may be needed

A person’s assets do not necessarily become available to relatives simply because a death has occurred. Banks, land records and other institutions may require evidence of appropriate legal authority. The process is intended to establish who can administer the estate. Avoid assuming that possession of documents, nomination in a family discussion or a close relationship is sufficient authority for every transaction.

Distinguish the possible routes

Broadly, probate relates to administration under a valid will, while letters of administration may be required in other circumstances. Small estate and other administration mechanisms may be relevant depending on the estate and applicable framework. The correct route should be assessed from the facts; it cannot be selected reliably from a brief description of the assets alone.

Build a complete asset and liability picture

List the assets, ownership details and known liabilities. Include property, accounts, business interests and any relevant documents held by institutions. Foreign assets, jointly held assets and existing trusts may need separate treatment. Keep evidence of estate expenses and avoid distributing assets informally before obtaining advice about authority, liabilities and the applicable distribution process.

Expect information requests and practical steps

Administration can require documents from several sources, applications and follow-up with institutions. Timing depends on the estate, the process and whether there are disputes or missing records. Be cautious of any assumption that every estate can be completed within a standard period. An organised information set and prompt responses to requests can help the process move more efficiently.

Raise disagreements early

Concerns about a will, an executor, missing assets or intended distribution should be raised during the legal assessment. These issues may change the approach or require separate advice. For a consultation, provide the available documents and distinguish confirmed information from family assumptions. The firm can then discuss a scope of work suited to the estate and the issues involved.

This guide is general information, not individual legal advice. It does not cover every requirement, exception or time limit. Your situation needs a specific assessment of the facts and current law. Contact the firm to discuss an engagement.