Deceased Estates
During this difficult time, the last thing you need is the added stress of navigating complex legal processes to finalise their estate.
Hefferan & Co Solicitors provide compassionate, expert support to help you manage deceased estates in Queensland. Our experienced team handles all the legal complexities with care and sensitivity, allowing you to focus on what matters most – your family and loved ones.
Deceased Estates in Queensland
A deceased estate refers to all the property, assets, and liabilities owned by a person at the time of their death. This can include:
- Real estate and property
- Bank accounts and investments
- Superannuation and life insurance
- Vehicles and personal possessions
- Business interests
- Outstanding debts and liabilities
The process of administering a deceased estate involves collecting these assets, paying any debts or liabilities, and transferring ownership of assets from the name of the deceased person to the beneficiaries mentioned in the Will (or according to Queensland intestacy laws if there’s no Will).
Key Terms Used in Deceased Estates
- Estate – the property owned by a person at the time of their death
- Testator – a man who makes a will
- Testatrix – a woman who makes a will
- Testate – when a person dies leaving a will
- Intestate – when a person dies without leaving a will
- Executor – a man who distributes the estat under a will
- Executrix – a woman who distributes the estate under a will
- Administrator – a man who distributes a estate when there is no will
- Administratrix – a woman who distributes an estate when there is no will
- Personal Representative – a collective term for executor, executrix, administrator, or administratrix
- Beneficiaries – people who receive certain assets under the will
- Letter of Administration – same as probate however there is no will
- Probate – written authority from the court allowing the personal representative to become registered owner of the deceased’s assets and then to finalise the estate in accordance with will
Role of Executors, Personal Representatives, Trustees
Executors
If you’ve been named as an executor in a loved one’s Will, your first task is to locate the last will of the deceased. Wills are normally kept with solicitors, banks, or trusted friends who may have been nominated as the executor. Your role is to:
- Locate and secure all estate assets
- Pay funeral expenses, debts, and taxes
- Apply for probate (if required)
- Distribute assets to beneficiaries according to the Will
- Keep accurate records and accounts
Common Executor Issues
Several situations can complicate matters:
No executor appointed – the court will appoint someone, typically the next of kin
Executor doesn’t wish to act – you cannot be forced to serve as executor. If no alternative is named in the Will, the court will appoint a replacement
Executor has passed away – the court will appoint a replacement. If the executor survived the deceased but died before probate was granted, their own executor may step into the role
Personal Representatives
The personal representative is required to collect in the assets of the deceased, pay any liabilities, and distribute the balance to the beneficiaries named under the will.
The payment of funeral expenses has the first priority under Queensland law.
This duty must be performed as quickly as possible otherwise beneficiaries may complain to the court.
To protect personal representatives from personal liability, a ‘statutory notice to claimants’ should be advertised in certain newspapers calling on possible creditors to notify the personal representative within six weeks of any claim they may have against the estate.
If a personal representative distributes the estate assets without first giving such a notice, they become personally liable to pay any estate debt which they may subsequently become aware of.
A personal representative is personally liable for any debts incurred in the course of finalising the estate but is entitled to an indemnity from the estate if the debts were properly incurred.
A personal representative may be entitled to payment for their services if expressly stipulated in the will or if approved by the court.
Trustees
A trustee under a will performs a different duty from that of the executor. The executor’s duties conclude when the assets of the estate have been collected in and distributed to the beneficiaries. A trustee is responsible for long-term duties under the will such as supporting and maintaining children of the deceased or investing moneys in a bank account until a certain future event occurs e.g. the deceased’s child reaches a certain age.
Do You Need Probate?
Not every estate requires a formal probate application. In many Queensland estates consisting of a family home, vehicle, bank accounts, and superannuation, it’s often unnecessary to apply for probate – saving both time and legal costs.
Whether probate is required depends on:
- The types of assets in the estate
- The value of those assets
- How assets are held (solely or jointly)
- The policies of banks and financial institutions
Our solicitors assess your specific situation during a free initial consultation and advise on the quickest, most cost-effective approach to finalising the estate.
When There's No Will - Intestacy
If someone dies without a valid Will in Queensland, their estate is distributed according to intestacy rules set out in Queensland legislation. These rules follow a strict formula based on family relationships and don’t always reflect what the deceased may have wanted.
We can guide you through the intestacy process and help you apply for Letters of Administration to legally administer the estate.
Contesting a Will
A person may consider applying to court to challenge the will, if there are valid legal grounds:
Family provision claims – when the Will doesn’t adequately provide for a spouse, child, or dependant. These claims (formerly called testator’s family maintenance applications) are subject to strict time limits
Later Will discovered – a more recent Will may override the current one
Lack of mental capacity – the deceased didn’t have capacity to understand what they were doing when making the Will
Undue influence or fraud – the Will was made under pressure or deception
Improper execution – the Will wasn’t signed or witnessed correctly
If you believe you have grounds to contest a Will, it’s essential to seek legal advice quickly. Time limits apply to family provision claims.
Why Choose Hefferan & Co Solicitors for Deceased Estates?
- Free initial consultation – We assess your situation and explain the process with no obligation
- Cost-effective solutions – We identify whether probate is necessary or if simpler processes can be used
- Expert legal guidance – Our Queensland solicitors understand the Succession Act and property law requirements
- Compassionate support – We handle the legal complexities so you can focus on your family
- Complete estate services – From probate applications to property transfers and tax matters
Get Expert Legal Advice from HEFFERAN & CO
Administering a deceased estate doesn’t have to be overwhelming. In many Queensland estates involving a family home, vehicle, superannuation, life insurance, and bank accounts, probate is often unnecessary – saving you time, stress, and legal costs.
We offer a free initial consultation to assess your situation and recommend the quickest, most cost-effective way to finalise the estate. Our experienced solicitors will guide you through every step with clarity and compassion, giving you peace of mind during this difficult time.
Remember, any legal costs incurred are paid from the estate funds before distribution to beneficiaries – not from your own pocket.
Contact Hefferan & Co. Solicitors today for expert advice on Deceased Estates in Queensland.