What Happens After Probate Has Been Granted?

A grant of probate or administration gives the executor or administrator legal responsibility for the estate. After the grant is made, the executor or administrator has a legal duty to deal with the estate properly. The Executor must use a certified copy of the Grant to collect the deceased’s assets and take steps to pay any debts including income tax owed by the deceased.

Duties of the Executor
An executor has many duties and obligations to fulfill. Generally, the duties of Executors are to:• Collect (call in) the assets of the deceased estate;
• Notifying all relevant parties and government entities of the death (such as Centrelink, local government, council etc.)
• Pay for the deceased’s funeral expenses;
• Obtaining information about all debts, fees and liabilities owing at the date of death and paying all liabilities;
• Completing all outstanding tax returns and filing a final estate tax return; and
• Distribute the estate to the beneficiaries as per the deceased’s Will. What happens when an executor breaches his/her duties?
An executor’s duties are to preserve, protect and administer the estate diligently so where an estate has suffered waste as a result of deliberate or negligent actions on the part executor this will amount to a breach. Any action taken will be against the executor personally, not the estate. It will not be a defence that the estate has been fully administered and there are no assets to meet the claim. If found liable, the executor must make good any loss to the estate. There are several types of breach and these can often overlap. The main categories of action against an executor are misappropriation, maladministration and breach of trust. Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article. Estate administration is a daunting task, especially when you are grieving. If you need help or you need a person to talk to about your Will or probate, please feel free to send us an email to info@straitslawyers.com or give us a call on (08) 84109069.