Estate Administration Lawyers
Following an initial consultation with one of our Wills & Estates lawyers, we can advise you on the likely steps involved in administering an estate and the level of assistance that may be appropriate in your circumstances.
Administering an estate can be a significant responsibility. Executors and administrators are required to identify estate assets, deal with liabilities, obtain the necessary legal authority and ensure the estate is distributed correctly to the people entitled to receive it.
This process often takes place during an already difficult time. Understanding your obligations and obtaining the right advice can help minimise delays, reduce stress and ensure the estate is administered properly.
What is estate administration?
Estate administration is the process of managing and finalising a person's affairs after they pass away.
Depending on the circumstances, this may involve:
- Identifying assets and liabilities,
- Obtaining Probate or Letters of Administration,
- Collecting and protecting estate assets,
- Paying estate debts and liabilities,
- Managing communication with beneficiaries and relevant organisations,
- Distributing the estate in accordance with the Will or, where there is no Will, the applicable laws.
Every estate is different. Some estates can be administered relatively straightforwardly, while others involve complex assets, blended families, disputes, business interests or other challenges.
How can a lawyer assist with estate administration?
Our Wills & Estates lawyers can provide practical guidance throughout the administration process and assist with:
- Reviewing the Will and advising on its effect,
- Advising executors and administrators about their duties and responsibilities,
- Identifying the steps required to administer the estate,
- Preparing and filing applications for Probate or Letters of Administration,
- Assisting with estate asset information and required documentation,
- Advising on payment of estate debts and liabilities,
- Assisting with communication and procedural requirements,
- Helping facilitate the distribution of estate assets to beneficiaries.
Whether you require assistance with the entire estate administration process or advice on specific steps, we can tailor our support to your needs.
How Aitken Partners can assist
At Aitken Partners, our Wills & Estates team provides clear, practical and experienced advice to executors, administrators and beneficiaries.
We can assess the circumstances of the estate, explain the steps involved, identify potential issues and provide tailored advice throughout the administration process.
Our focus is on helping clients administer estates with clarity, care and confidence.
Our Partnership with Herekind
Aitken Partners is a trusted partner of Herekind, a low cost estate administration platform designed to support executors who wish to manage the estate administration process themselves.
For straightforward estates, Herekind can be a practical and cost effective option, providing guidance and support throughout the estate administration process.
Get in touch
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Frequently Asked Questions
In most cases, legal fees for estate administration are paid from the estate, not by the executor personally, provided the costs have been properly incurred in administering the estate. This can depend on the circumstances, particularly if there is a dispute or unnecessary work has been undertaken.
An executor is not usually personally responsible for reasonable legal costs incurred in properly administering the estate. However, personal liability can arise if an executor acts improperly, delays the administration, fails to comply with their duties, or incurs unnecessary expenses.
The time required to administer an estate depends on the size and complexity of the estate, the type of assets involved, whether a grant of Probate or Letters of Administration is needed and whether any disputes or delays arise. Even relatively straightforward estates can take time to finalise properly.
The documents required will vary depending on the estate, but commonly include the death certificate, the original Will (if there is one), details of assets and liabilities, identification documents and information about executors, administrators and beneficiaries.
Yes. Executors are often unfamiliar with the estate administration process, particularly if they have never acted in that role before. Our Wills & Estates lawyers can explain your duties, guide you through the required steps and help reduce the risk of mistakes, delays or personal liability.
Where more than one executor is appointed, they will generally need to act together unless one renounces their role or chooses not to take part. This can affect how instructions are given, how documents are signed and how the administration is managed.
In many cases, yes. Executors can choose to administer an estate themselves. However, estate administration involves legal responsibilities and procedural requirements that must be completed correctly. Some executors choose to engage a lawyer for assistance, while others may prefer a guided, low-cost solution such as Herekind, with legal support available if neede
Seeking advice early can help executors and administrators understand their obligations, avoid procedural errors, protect estate assets and address issues before they become more complicated. Our Wills & Estates lawyers can explain the process, identify potential issues and provide tailored guidance based on the particular circumstances of the estate.
Yes. Estates commonly include a range of assets, including real estate, shares, investment portfolios, superannuation interests and multiple bank accounts. A lawyer can assist with identifying the steps required to deal with these assets and ensure the administration process is completed correctly.
Early legal advice can help executors and administrators understand their obligations, avoid procedural errors, protect estate assets and deal with issues before they become more complicated. At Aitken Partners, our Wills & Estates lawyers can explain the steps involved, identify any potential issues and provide practical guidance throughout the administration process.