A person?s Estate, generally speaking, means that person?s assets and debts.

When a person dies, the person?s Estate needs to be dealt with by a person who has authority to do so. This involves:

º  Identifying and collecting in all the assets of the deceased person
º  Paying any debts
º  Distributing the remaining assets to the people who are entitled to them.

The person or people who have the authority to deal with a person?s Estate are the Executor or Executors named in that person?s Will or the person?s next of kin if there is no Will.

In order to have the legal authority to deal with a deceased person?s Estate, the Executor or next of kin will usually need to apply to the Supreme Court of NSW for a Grant of Probate or a Grant of Letters of Administration.

Until a Grant of Probate or Letters of Administration is made, Estate assets are frozen.



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