An executor is the person responsible for administering an estate as wished by the person who passed away, through their will and the Succession Act 1981.
After you find and read the will, your duties as an executor may include:
- getting probate from the Supreme Court of Queensland, if required
- finding and notifying beneficiaries—people named in the will who receive something from the estate
- checking and protecting assets
- confirming insurance of assets
- collecting valuables and income
- determining debts and liabilities
- preparing tax returns and getting income tax clearances
- transferring or sales of assets
- preparing financial statements
- distributing the estate.
Probate and deceased estates
Probate is the Supreme Court of Queensland’s official recognition of a will as legally valid.
A grant of probate is a Supreme Court document that recognises someone’s authority to deal with the estate of a person who has passed away. Probate is often needed before the executor of a deceased estate can take control of the estate’s assets (administer the estate).
Applying for probate
The process for getting a grant to administer an estate can be complicated. If you wish, you can engage a solicitor or the Public Trustee to apply for you.
Public Trustee website Ph: 1300 360 044
You may be eligible for Bereavement Allowance if all of the following apply:
- your partner dies;
- you haven’t re-partnered;
- you can’t get a service or war widows pension from the Department of Veterans’ Affairs;
- you meet income and assets tests; and
- you meet residence rules.
If your partner dies you must have been either married, in a registered relationship (ie a relationship that’s registered under certain state and territory laws) or living together as a couple.
You must submit your claim within either 4 weeks of your partner’s death, to get a payment from the date your partner died; or 14 weeks of your partner’s death, to get a payment from the date of your claim.
If you’re pregnant when your partner dies, you must claim Bereavement Allowance either before your child is born or before you are no longer pregnant.
Families of homicide victims are eligible for financial assistance, visit the websites listed below for more information:
For more information, you may also contact your local courthouse.
Contact Legacy Funerals
To discuss how we can help during your family’s time of need, please leave a message using the contact form, or feel free to call anytime:
Head office: 27/23 Ashtan Place, Banyo Qld 4014
After hours office: 74 Paperbark Circuit, Moggill Qld 4070
P.O. Box 289 Kenmore Qld 4069