Guidance when someone

close to you has died

Clear, caring advice to help you manage the estate and know what to do next.

Losing someone close to you is hard enough. You don’t have to handle the estate alone.

When someone dies, there is a lot to manage at a time when you are grieving. You may have been named as executor, you may not know whether there is a Will, or you may simply want to understand what happens next.

At ALA Law, our estates team guides families through this every day with patience and care. We’ll explain your responsibilities, take care of the legal steps and help you move forward at a pace that feels right.

What you might be facing right now

You don’t need to have the answers today. You just need a clear first step.

Where do I start?

Not knowing what needs to happen first, or who is responsible

Is there a Will?

Finding the Will, or finding out there isn’t one

Bills and debts

Funeral costs, bills and debts that need to be paid

Family tensions

Disagreements about the Will or how things should be handled

Paperwork and deadlines

Banks, super funds and agencies asking for documents

The areas of law that may apply

Dealing with an estate can involve a few different legal steps. We’ll help you see which ones apply to you. You don’t need to work out which of these applies – that’s our job. One conversation and we’ll map it out for you.

Probate

If there is a Will, the executor often needs to apply to the NSW Supreme Court for a grant of probate. This confirms the Will is valid and gives the executor authority to deal with the estate’s assets.

Letters of administration

If there is no Will, or no executor who is able to act, a close family member can apply to be appointed as administrator. The estate is then shared according to the NSW intestacy rules.

Administering the estate

Collecting the assets, paying the funeral costs, debts and any tax, and then distributing what is left to the beneficiaries.

Superannuation and jointly owned assets

Super, jointly owned property and some insurance policies may not pass under the Will, so they need separate attention.

Contested Wills and family provision claims

Some family members who were left out of a Will, or not adequately provided for, may be able to make a claim on the estate. In NSW, a claim generally needs to be made within 12 months of the date of death.

Estate disputes

Disagreements between executors and beneficiaries, or about how the estate is being managed, can often be resolved through negotiation or mediation.

How we guide you through it

Most estates can be finalised without dispute. We take care of the paperwork and court applications for you, and if a disagreement arises we work to resolve it calmly, through negotiation and mediation wherever possible.

First Step

A first conversation

We listen, explain the executor’s role and what needs to happen first, in plain language. No pressure, no jargon.

Second Step

Gathering the details

We help you locate the Will and pull together information about the assets, debts and super.

Third Step

The court application

Where it’s needed, we prepare and file the application for probate or letters of administration.

Fourth Step

Finalising the estate

We guide you through paying debts and distributing the estate, and help resolve any disagreements along the way.

Articles

Family meeting with an adviser to discuss what happens if you die without a will in NSW

Deceased Estate

You don’t have to work this out alone

Have a confidential conversation with an estates lawyer who will explain your responsibilities and options plainly, and take the pressure off.