What are the Roles and Duties of an Executor or Administrator?

The administrative role of the Executor or Administrator is to first to obtain the Grant from the Court. This is usually done with the help of lawyers.

The Executor or Administrator is expected to liaise with the lawyers in providing information and documents about the deceased and next-of-kin including the original will, death registration certificate, birth certificates, marriage certificates, identification documents of all beneficiaries, as well documents relating to the assets of the deceased (e.g. bank statements, insurance policies, vehicle log card, share certificates, titles deeds etc).

If lawyers are appointed, all Court documents will be prepared for the Executor or Administrator to sign in the presence of a commissioner for oaths before submission to the Court.

The application to the High Court is made when the value of the estate exceeds $3 million or in the case of a resealing, otherwise the application can be made in the State Court.

The process involves full disclosure to the Court about the following:

  • The personal particulars of the deceased, the next-of-kin and beneficiaries;
  • The list of assets of the deceased (including overseas assets) and the dollar value at the date of death (aka Schedule of Assets);
  • Applying to Court for dispensation of sureties (for Grant Letters Of Administration);
  • Signing an Administration Bond for the Court (for Grant Letters Of Administration); and
  • Extracting the Grant of Probate/Grant Letters Of Administration.

The duty of the Executor or Administrator as a trustee, generally, is to pay the debts of the estate, collect and distribute the assets according to the law and be accountable to the beneficiaries about the distribution of the assets.

The application to the High Court is made when the value of the estate exceeds $3 million or in the case of a resealing, otherwise the application can be made in the State Court.

The process involves full disclosure to the Court about the following:

    1. The personal particulars of the deceased, the next-of-kin and beneficiaries;
    1. The list of assets of the deceased (including overseas assets) and the dollar value at the date of death (aka Schedule of Assets);
    1. Applying to Court for dispensation of sureties (for Grant Letters Of Administration);
    1. Signing an Administration Bond for the Court (for Grant Letters Of Administration); and
  1. Extracting the Grant of Probate/Grant Letters Of Administration.

For assistance on probate matters, please contact us to make an appointment.

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