How do I manage a loved one's assets when they die?
Upon a person’s death, they will almost invariably have some assets that need to be sorted.
In Victoria, there are 3 ways a person’s assets can be dealt with after their death:
If their total assets are of a relatively small amount, it may be possible that the transfer of those assets can be done informally upon receipt of the Death Certificate
Where there is a Will - by obtaining a Grant of Probate
Where there is no Will - by the deceased’s next of kin making an application for Letters of Administration
A Grant of Probate or Letters of Administration are made by the Supreme Court and authorise the Executors/Administrators of the estate, collectively they are known as a “Grant of Representation”
The Steps in obtaining a Grant of Representation
Step 1:
Locate the will or establish that there was no will
Receive the death certificate
Step 2:
Identify the assets of the deceased
Estimate the value of such assets
For some assets a valuation may be required
Obtain current balances of bank accounts and investments
Step 3:
Prepare the application to the Supreme Court
Swear the Application
Forward the Application to the Probate Office of the Supreme Court
Wait for probate/Letters of Administration to be granted
Step 4
Administer the Estate in accordance with the Grant of Representation which involves:
Collecting the assets
Realising the assets
Pay any debts
Distribute assets in accordance with the Grant of Representation
O’Farrell Robertson McMahon have a number of Estate Lawyers who can assist you in dealing with your loved one’s assets.